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Felon wants mistrial declared

The man convicted by a Cass County jury for urinating on a sheriff's deputy says a judge should declare a mistrial in the case. Michael Paul Weaver, 40, of Moorhead filed a post-conviction application Wednesday in Cass County District Court. The ...

The man convicted by a Cass County jury for urinating on a sheriff's deputy says a judge should declare a mistrial in the case.

Michael Paul Weaver, 40, of Moorhead filed a post-conviction application Wednesday in Cass County District Court.

The application is a civil court procedure convicts use after they exhaust criminal appeals.

In July 2000, Weaver was in custody at the Cass County jail when he urinated on a deputy. He was charged with contact by bodily fluid, a felony, and is serving a five-year prison term.

He claims North Dakota's bodily fluid law discriminates against inmates because it doesn't offer the same protections for inmates as it does for law enforcement officers.

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Weaver's application asks for a district judge to vacate his conviction, declare a mistrial and release him from prison.

His case was the first of its kind in Cass County to be decided in a jury trial under the law.

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