Syvertson v. State

20000100 Charles E. Syvertson, Petitioner and Appellant
v.
State of North Dakota, Respondent and Appellee

Appeal from: District Court, East Central Judicial District, Cass County
Judge Norman J. Backes
Nature of Action: Post-Conviction Relief
Counsel:
Appellant: Pro se
Appellee: Wade Lykken Webb , Asst. State's Attorney
Term: 09/2000   Argument: 09/26/2000  Waived
ND cite: 2000 ND 185
NW cite: 620 N.W.2d 362


Issues: Appellee's Statement of the Issues:
The issues upon appeal before the North Dakota Supreme Court in this matter, as stated by the defendant in his brief dated May 27, 2000, are as follows: I. Syvertson was not allowed oral arguments.
II. Memorandum and opinion clearly errouneous as it has an errouneous factual foundation to base its determination upon.
III. The Honorable Norman J. Backes did not have jurisdiction to proceed forward to render a judgement.
IV. The Honorable Norman J. Backes did not have jurisdiction to proceed forward to render judgement.
V. Memorandum and opinion does not give explicit facts and findings and conclusions of law to each issue.

Add Docket 20000100 RSS Add Docket 20000100 RSS

Docket entries:
104/05/2000 NOTICE OF APPEAL. Denied: 03/31/2000
204/12/2000 Motion to Proceed In Forma Pauperis in Future Proceedings/Brief & Application to Proceed In Forma
304/12/2000 Pauperis, Supporting Documentation and Order
404/12/2000 NO ACTION TAKEN (no filing fee required in post-conviction relief cases)
504/12/2000 MOTION to Waive Appendix Requirement
604/18/2000 MOTION TO HOLD APPEAL IN ABEYANCE (this motion and the MAT are combined in one motion)
704/18/2000 MOT. EXT/TIME APPELLANT BRIEF (this Motion and the MOT to hold in Abeyance are combined in one moti
804/26/2000 ACTION BY CLERK (Motion for Extension of Time to File Appellant's Brief). Granted: 06/09/2000
904/18/2000 MOTION FOR COURT TO ACCEPT ONE COPY OF MOTIONS
1004/24/2000 Memorandum/And Amendment to Motion to Waive Appendix Requirement
1104/24/2000 ACTION BY CHIEF JUSTICE (Motion to Waive Appendix Req. & Memorandum). Granted
1204/26/2000 ACTION BY SUPREME COURT (Motion to Hold Appeal in Abeyance). denied
1304/26/2000 ACTION BY CHIEF JUSTICE (Motion to Accept one copy of Motions, provided opposing counsel is served). Granted
1404/27/2000 Undated letter from Charles E. Syvertson
1505/04/2000 RECORD ON APPEAL & Separates #1 & 2 and RECORD in Criminal #CR-97-02784, w/ Transcripts (7) &
1605/04/2000 Exhibits -- not rec'd w/CR-97-02784 were 11,60,85,103,104,122,&149(Tapes)and8,52,&81(Steno Notes)
1705/04/2000 MOTION FOR FULL COURT TO RULE ON MOTION TO HOLD APPEAL IN ABEYANCE
1805/05/2000 ACTION BY CHIEF JUSTICE (MOT/FULL COURT TO RULE). Denied
1905/23/2000 MOTION TO ALLOW CARBON COPIES OF BRIEFS
2005/23/2000 ACTION BY CHIEF JUSTICE (PER ACTION BY CHIEF IN SYVERTSON V. BACKES, ET AL., #20000115 ON 4-26-00). Granted
2105/23/2000 Certificate of Non Compliance of diskette for Appellant's Brief
2205/30/2000 APPELLANT BRIEF
2305/30/2000 APPELLANT APPENDIX
2405/31/2000 MOTION FOR Enlargement of time between the time Syvertson files his reply brief & the time
2505/31/2000 for oral arguments
2606/01/2000 ACTION BY CHIEF JUSTICE (Motion for Enlargement of time before oral argument). Denied
2706/26/2000 APPELLEE BRIEF
2806/26/2000 APPELLEE APPENDIX
2906/27/2000 DISK - AEB
3007/03/2000 REPLY BRIEF of Appellant
3107/03/2000 DISK NONCOMPLIANCE - RYB - See DNC of 05/23/2000
3207/19/2000 STIPULATION TO WAIVE APPEARANCE & OA (AT/AE); letter dated 7-17-00 from Mr. Syverstson (w/attach.)
3307/21/2000 ACTION BY SUPREME COURT (OA waived - AT/AE). Granted
3409/26/2000 APPEARANCES: submitted on brief
3509/26/2000 ARGUED: submitted on brief (Vol. X; page 61). Denied
3610/26/2000 DISPOSITION: AFFIRMED
3710/26/2000 UNANIMOUS OPINION: Maring, Mary Muehlen
3810/27/2000 Order/Judgment Mailed to Parties
3911/03/2000 PETITION FOR REHEARING; original & 7 copies of Addendum; & original Supplement to Appendix
4011/07/2000 DISK NONCOMPLIANCE of Pet/Rehearing(part of letter received 11-7-00)
4112/21/2000 ACTION BY SUPREME COURT (PER). Denied
4212/21/2000 Opinion on Petition for Rehearing filed
4312/27/2000 MOTION FOR STAY OF MANDATE
4412/27/2000 ACTION BY CLERK (MANDATE STAYED FOR 30 DAYS unless a pet. for writ of cert. is filed). Granted: 01/27/2001
4501/02/2001 Corrected/Substitute Opinion Page 13 (on Petition for Rehearing)
4601/09/2001 Copy of Petition for Writ of Certiorari to U.S. Supreme Ct., Cert. of Service by Mail
4701/09/2001 MOTION FOR STAY OF MANDATE
4801/09/2001 ACTION BY CLERK (sua sponte) - Mandate stayed pending disposition by the U.S. Supreme Court). Granted
4902/16/2001 LETTER FROM US SUPREME COURT DATED 2-13-01 RE:PET/WRIT OF CERTIORARI PLACED ON DOCKET AS NO.00-854
5004/02/2001 MOTION FOR for New Trial/Request to Recall Judgment
5104/04/2001 ACTION BY SUPREME COURT (Motion for New Trial/Recall Judgment). Denied
5204/04/2001 Order Mailed to Parties, clerk, trial court
5304/04/2001 Notification from U.S. Supreme Court that Petition for Writ of Cert is dismissed
5404/04/2001 MANDATE
5504/09/2001 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
5605/18/2007 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 04/16/2014