Waslaski v. State

10:00am

Monday, January 7, 2013

20120342

Edward D. Waslaski, Jr., Petitioner and Appellant
v.
State of North Dakota, Respondent and Appellee

Appeal from:

Southwest Judicial District, Stark County, Judge Harlan Patrick Weir, 45-00-K-00599

Nature of Action:

Post-Conviction Relief

Counsel:

Appellant:		Jay Ryan Greenwood
Appellee:		James Allen Hope , Asst. State's Attorney

Issues:

Appellant's Statement of the Issues:
Under North Dakota Rules and case law, does the District Court abuse its discretion in denying a Petitioner's Motion for Reconsideration, when:
a. The District Court denied the original Motion for Post Conviction Relief because "of the temporal distance from the events in question and the lack of any supporting evidence beyond one party's recollection"; and
b. The Petitioner's Motion for Reconsideration included new evidence (in the form of affidavits) that clearly alleviated the Court prior misgivings.

Appellee's Statement of the Issues:
1. Is the trial court's Order Denying Motion for Reconsideration appealable?
2. If so, did the trial court abuse its discretion when it denied the Petitioner's Motion for Reconsideration?

Briefs:

Case Summary
Appellant Brief

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Generated from Supreme Court Docket on 01/31/2013