Berlin v. State | |||||||
| 20000076 |
David Berlin, Petitioner and Appellant
v. State of North Dakota, Respondent and Appellee | ||||||
| Appeal from: |
District Court,
East Central Judicial District,
Cass County
Judge Michael O. McGuire | ||||||
| Nature of Action: | Post-Conviction Relief | ||||||
| Counsel: |
| ||||||
| Term: | 09/2000 Argument: 09/15/2000 02:45pm | ||||||
| ND cite: | 2000 ND 206 | ||||||
| NW cite: |
619 N.W.2d 623
| ||||||
|
| |||||||
| Issues: |
Appellee's Statement of the Issues: Whether the District Court decision was clearly erroneous in deciding against Appellant's claim of ineffective assistance of counsel. | ||||||
 Add Docket 20000076 RSS
| |||||||
| 1 | 03/17/2000 | NOTICE OF APPEAL FILED IN THE TRIAL COURT ON MARCH 16, 2000 | ||
| 2 | 04/04/2000 | Copy of letter from Judge McGuire regarding extension of time to file the Notice of Appeal | ||
| 3 | 04/17/2000 | NOTICE OF APPEAL: 04/10/2000 | ||
| 4 | 04/17/2000 | MOTION TO PERMIT FILING OF CARBON COPIES (see April 17, 1999 letter) | ||
| 5 | 04/17/2000 | MOTION FOR COURT APPOINTED COUNSEL | ||
| 6 | 04/18/2000 | RECORD ON APPEAL (NOTE: record on appeal from State v. Berlin (CR 97-3973, which incl. transcripts | ||
| 7 | 04/18/2000 | dated 10-02-97 and 10-06-97, was also rec'd and filed) | ||
| 8 | 04/19/2000 | NO ACTION TAKEN ON MOT. FOR COURT APPOINTED COUNSEL (REFERRED TO TRIAL COURT) | ||
| 9 | 04/19/2000 | NO ACTION TAKEN ON FILING OF CARBON COPIES (See PM letter dated 4/20/2000) | ||
| 10 | 05/08/2000 | CLERK'S SUPPLEMENTAL CERTIFICATE OF APPEAL DATED MAY 5, 2000 (Entry No's. 25 - 31) | ||
| 11 | 05/11/2000 | MOT. EXT/TIME APPELLANT BRIEF | ||
| 12 | 05/12/2000 | MOTION FOR REMAND FOR APPOINTMENT OF COUNSEL | ||
| 13 | 05/12/2000 | ACTION BY CLERK (MOT/REMAND). Granted | ||
| 14 | 05/12/2000 | ACTION BY CLERK (MAT/BRIEFING SCHEDULE STAYED PENDING APPT OF COUNSEL). Granted | ||
| 15 | 05/15/2000 | Copy of Judge McGuire's order denying appointment of counsel | ||
| 16 | 05/16/2000 | Clerk's Suppl. Certificates of Appeal dated 5-15-00, 5-12-00, & 5-05-00 (marked 1-3 and bound | ||
| 17 | 05/16/2000 | together -- Entry Nos. 25-37) | ||
| 18 | 05/16/2000 | State's Reply to Motion for Extension to File Appellant's Brief | ||
| 19 | 05/16/2000 | MOTION FOR APPOINTMENT OF COUNSEL (Letter from David Berlin) | ||
| 20 | 05/24/2000 | ACTION BY SUPREME COURT (MOT/appointment of counsel). Denied | ||
| 21 | 05/24/2000 | MOT. EXT/TIME APPELLANT BRIEF (sua sponte because of previous stay) | ||
| 22 | 05/24/2000 | ACTION BY CLERK (MAT/sua sponte). Granted: 06/19/2000 | ||
| 23 | 06/02/2000 | APPELLANT BRIEF | ||
| 24 | 06/02/2000 | APPELLANT APPENDIX | ||
| 25 | 06/05/2000 | DISK NONCOMPLIANCE | ||
| 26 | 07/05/2000 | APPELLEE BRIEF | ||
| 27 | 07/06/2000 | DISK - AEB | ||
| 28 | 07/10/2000 | Letter from David Berlin dated 7-7-00 RE: status of case | ||
| 29 | 07/11/2000 | Corrected T.O.A. & pages 2-14 for AEB (inserted in AEB) | ||
| 30 | 07/11/2000 | DISK - AEB (corrected) | ||
| 31 | 07/27/2000 | MOTION TO WAIVE OA (AT) - letter dated 8-01-00 from David Berlin | ||
| 32 | 08/04/2000 | ACTION BY CHIEF JUSTICE (OA waived - AT). Granted | ||
| 33 | 09/15/2000 | APPEARANCES: submitted on brief for AT; Birch P. Burdick, State's Attorney, moved for the limited | ||
| 34 | 09/15/2000 | admission of Justin J. Schwarz under the rules governing the limited practice of law by law | ||
| 35 | 09/15/2000 | students. Hearing no objection, Chief Justice VandeWalle granted the motion. Justin J. Schwarz | ||
| 36 | 09/15/2000 | ARGUED: submitted on brief for AT; Justin J. Schwarz (Vol. X; page 58) | ||
| 37 | 09/27/2000 | Letter from David Berlin dated 9-25-00 RE: New address | ||
| 38 | 12/07/2000 | DISPOSITION: AFFIRMED | ||
| 39 | 12/07/2000 | UNANIMOUS OPINION: VandeWalle, Gerald W. | ||
| 40 | 12/11/2000 | Order/Judgment Mailed to Parties | ||
| 41 | 12/14/2000 | PETITION FOR REHEARING (white covers) | ||
| 42 | 12/18/2000 | DISK NONCOMPLIANCE (Pet/Rehearing) | ||
| 43 | 12/21/2000 | ACTION BY SUPREME COURT (PER). Denied | ||
| 44 | 01/03/2001 | MANDATE | ||
| 45 | 01/10/2001 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE | ||
| 46 | 05/15/2007 | EXPUNGED - Nonpermanent record items destroyed |