Ernst v. State - Calendar

2:45pm

Thursday, November 5, 2009

20090192

Ronald R. Ernst, Petitioner and Appellant
v.
State of North Dakota, Respondent and Appellee

Appeal from:

East Central Judicial District, Cass County, Judge Steven L. Marquart

Nature of Action:

Post-Conviction Relief

Counsel:

Appellant:		Pro se
Appellee:		Leah Jo Viste , Asst. State's Attorney

Issues:

Appellant's Statement of the Issues:
1) Can the State Attorney withhold evidence favorable to the defendant, proving that he is innocent? 2) Can the Fargo Police file a false affidavit to get a warrant and then search the defendant's residence with an unsigned warrant? 3) Can the defendant be charged with a burglary with no proof of theft at alleged burlary location, with the state merely assuming that defendant was present at building? 4) Is the burglary charge an overkill charge, whereby the Criminal Trespass charge is appropriate for no further criminal activity at entered building?

Appellee's Statement of the Issues:
Whether the trial court was proper in denying Defendant's Application for Post Conviction Relief.

Briefs:

Case Summary
Appellant Brief (Requires Acrobat Reader)
Appellee Brief
Reply Brief (Requires Acrobat Reader)

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