Clark v. State
Daniel J. Clark, Petitioner and Appellant
State of North Dakota, Respondent and Appellee
Southwest Judicial District,
Judge Zane Anderson
|Nature of Action:||Post-Conviction Relief|
|Term:||01/2001  Argument: 01/02/2001 1:30pm|
|ND cite:||2001 ND 9|
621 N.W.2d 576
Listen to recording of oral argument in MP3 format
Appellee's Statement of the Issues:|
Whether Clark is entitled to relief in a collateral, post-conviction relief action, pursuant to the authority of Apprendi v. New Jersey, 120 S.Ct. 2348 (2000)?
I. Whether Apprendi is to be retroactively applied to a collateral review, pursuant to Federal law?
II. Whether, given the fact that the use of firearm was totally and absolutely uncontested at trial, any error is harmless, even if Apprendi is retroactive?
III. Whether Clark has standing, and suffered actual harm at trial, which would allow him to raise Apprendi?
IV. Whether, if Apprendi applies, the jury instructions were sufficient to meet the Apprendi standard?
V. Whether Apprendi should be applied retroactively pursuant to State precedent?
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|1||10/31/2000||NOTICE OF APPEAL: 10/30/2000|
|2||10/31/2000||NOTE: no filing fee required pursuant to statute|
|5||11/16/2000||DISK NONCOMPLIANCE - ATB|
|6||11/22/2000||8 copies of Judgment for ATA|
|7||11/30/2000||RECORD ON APPEAL & record in Stark Co. 96-K-00072--Not rec'd w/record in 96-K-00072 were: #100,|
|8||11/30/2000||101,102,170,225, & 274 (Transcripts); State's Exhibits and Defendant's Exhibits|
|11||12/08/2000||DISK of AEB|
|13||12/19/2000||DISK NONCOMPLIANCE -- (RYB)|
|14||01/02/2001||APPEARANCES: Daniel J. Clark; Owen K. Mehrer|
|15||01/02/2001||ARGUED: Clark; Mehrer (Vol. X; page 99)|
|17||01/30/2001||UNANIMOUS OPINION: Neumann, William A.|
|18||02/02/2001||Order/Judgment Mailed to Parties|
|20||04/13/2001||Copy of letter dated 4-10-01 from U.S. Supreme Court re Petition for Writ of Certiorari|
|21||04/13/2001||filed on 3-5-01 and being placed on docket|
|22||05/30/2001||Letter from U.S. Supreme Court dated 5-21-01 stating Petition for writ of certiorari denied.|
|23||07/02/2001||Letter from William Suter, Clerk of US Supreme Court dated 6-29-01 (RE: Pet/Rehearing is denied)|
|24||02/26/2001||RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|
|25||07/09/2007||EXPUNGED - Nonpermanent record items destroyed|