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:
Appellant: Pro se
Appellee: Birch Peterson Burdick , State's Attorney
Term: 09/2000   Argument: 09/15/2000  2:45pm
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.

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Docket entries:
103/17/2000 NOTICE OF APPEAL FILED IN THE TRIAL COURT ON MARCH 16, 2000
204/04/2000 Copy of letter from Judge McGuire regarding extension of time to file the Notice of Appeal
304/17/2000 NOTICE OF APPEAL: 04/10/2000
404/17/2000 MOTION TO PERMIT FILING OF CARBON COPIES (see April 17, 1999 letter)
504/17/2000 MOTION FOR COURT APPOINTED COUNSEL
604/18/2000 RECORD ON APPEAL (NOTE: record on appeal from State v. Berlin (CR 97-3973, which incl. transcripts
704/18/2000 dated 10-02-97 and 10-06-97, was also rec'd and filed)
804/19/2000 NO ACTION TAKEN ON MOT. FOR COURT APPOINTED COUNSEL (REFERRED TO TRIAL COURT)
904/19/2000 NO ACTION TAKEN ON FILING OF CARBON COPIES (See PM letter dated 4/20/2000)
1005/08/2000 CLERK'S SUPPLEMENTAL CERTIFICATE OF APPEAL DATED MAY 5, 2000 (Entry No's. 25 - 31)
1105/11/2000 MOT. EXT/TIME APPELLANT BRIEF
1205/12/2000 MOTION FOR REMAND FOR APPOINTMENT OF COUNSEL
1305/12/2000 ACTION BY CLERK (MOT/REMAND). Granted
1405/12/2000 ACTION BY CLERK (MAT/BRIEFING SCHEDULE STAYED PENDING APPT OF COUNSEL). Granted
1505/15/2000 Copy of Judge McGuire's order denying appointment of counsel
1605/16/2000 Clerk's Suppl. Certificates of Appeal dated 5-15-00, 5-12-00, & 5-05-00 (marked 1-3 and bound
1705/16/2000 together -- Entry Nos. 25-37)
1805/16/2000 State's Reply to Motion for Extension to File Appellant's Brief
1905/16/2000 MOTION FOR APPOINTMENT OF COUNSEL (Letter from David Berlin)
2005/24/2000 ACTION BY SUPREME COURT (MOT/appointment of counsel). Denied
2105/24/2000 MOT. EXT/TIME APPELLANT BRIEF (sua sponte because of previous stay)
2205/24/2000 ACTION BY CLERK (MAT/sua sponte). Granted: 06/19/2000
2306/02/2000 APPELLANT BRIEF
2406/02/2000 APPELLANT APPENDIX
2506/05/2000 DISK NONCOMPLIANCE
2607/05/2000 APPELLEE BRIEF
2707/06/2000 DISK - AEB
2807/10/2000 Letter from David Berlin dated 7-7-00 RE: status of case
2907/11/2000 Corrected T.O.A. & pages 2-14 for AEB (inserted in AEB)
3007/11/2000 DISK - AEB (corrected)
3107/27/2000 MOTION TO WAIVE OA (AT) - letter dated 8-01-00 from David Berlin
3208/04/2000 ACTION BY CHIEF JUSTICE (OA waived - AT). Granted
3309/15/2000 APPEARANCES: submitted on brief for AT; Birch P. Burdick, State's Attorney, moved for the limited
3409/15/2000 admission of Justin J. Schwarz under the rules governing the limited practice of law by law
3509/15/2000 students. Hearing no objection, Chief Justice VandeWalle granted the motion. Justin J. Schwarz
3609/15/2000 ARGUED: submitted on brief for AT; Justin J. Schwarz (Vol. X; page 58)
3709/27/2000 Letter from David Berlin dated 9-25-00 RE: New address
3812/07/2000 DISPOSITION: AFFIRMED
3912/07/2000 UNANIMOUS OPINION: VandeWalle, Gerald W.
4012/11/2000 Order/Judgment Mailed to Parties
4112/14/2000 PETITION FOR REHEARING (white covers)
4212/18/2000 DISK NONCOMPLIANCE (Pet/Rehearing)
4312/21/2000 ACTION BY SUPREME COURT (PER). Denied
4401/03/2001 MANDATE
4501/10/2001 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
4605/15/2007 EXPUNGED - Nonpermanent record items destroyed

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