Froistad v. State

20010111 Larry Froistad, Petitioner and Appellant
v.
State of North Dakota, Respondent and Appellee

Appeal from: District Court, Southwest Judicial District, Bowman County
Judge Bruce A. Romanick
Nature of Action: Post-Conviction Relief
Counsel:
Appellant: Vogel Law Firm
Appellee: Steven J. Wild , State's Attorney
Term: 10/2001   Argument: 10/30/2001  1:30pm
ND cite: 2002 ND 52
NW cite: 641 N.W.2d 86

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
I. Should Froistad be allowed to withdraw his guilty plea because his constitutional right to be present for all of the proceedings was violated?
II. Should Froistad be allowed to withdraw his guilty plea because the court erred when it failed to allow him to withdraw his guilty plea prior to sentencing?
III. Should Froistad be allowed to withdraw his guilty plea because the court failed to establish a factual basis to support the plea?
IV. Should Froistad be allowed to withdraw his guilty plea because he received ineffective assistance of counsel?
V. Should Froistad be allowed to withdraw his guilty plea because the trial court failed to follow the requirements of Rule 11 to insure the plea was voluntary?

Appellee's Statement of the Issues:
I. Should Froistad be allowed to withdraw his guilty plea because his constitutional right to be present for all of the proceedings was violated?
II. Should Froistad be allowed to withdraw his guilty plea because the court erred when it failed to allow him to withdraw his guilty plea prior to sentencing?
III. Should Froistad be allowed to withdraw his guilty plea because the court failed to establish a factual basis to support the plea?
IV. Should Froistad be allowed to withdraw his guilty plea because he received ineffective assistance of counsel?
V. Should Froistad be allowed to withdraw his guilty plea because the trial court failed to follow the requirement of Rule 11 to insure the plea was voluntary?

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Docket entries:
104/30/2001 NOTICE OF APPEAL: 04/26/2001
204/30/2001 ORDER FOR TRANSCRIPT: 04/26/2001
304/30/2001 ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning
405/21/2001 TRANSCRIPT DATED January 31 and February 1, 2001
505/21/2001 DISK - TRA
605/23/2001 RECORD ON APPEAL & Exhibits (No. 36 was sent by Ct. Reporter as the TRA & Filed May 21, 2001)
706/29/2001 MOT. EXT/TIME APPELLANT BRIEF
806/29/2001 ACTION BY CHIEF DEPUTY CLERK. Granted: 07/27/2001
907/27/2001 APPELLANT BRIEF
1007/27/2001 APPELLANT APPENDIX
1108/02/2001 Copy of Appellant Brief
1208/02/2001 Copies of corrected TOA and pages for ATB
1308/02/2001 DISK - ATB
1408/25/2001 APPELLEE BRIEF
1508/28/2001 Record in State v. Froistad (Bowman Co. #98-K-29) & transcripts (4)
1609/12/2001 MOT. EXT/TIME REPLY BRIEF
1709/12/2001 ACTION BY CLERK (MRY). Granted: 09/17/2001
1809/17/2001 REPLY BRIEF
1909/17/2001 DISK - RYB
2009/25/2001 SITTING WITH THE COURT: Bohlman, Bruce E.
2109/26/2001 Request for Radio/TV Coverage - ND Public Radio (e-mail from Jack McDonald) AUTHORIZED
2210/01/2001 Request for Radio/TV Coverage - KFYR-TV
2310/08/2001 Request for Radio/TV Coverage (AP) (e-mail from Dale Wetzel dated 10-01-01) (AUTHORIZED)
2410/29/2001 Corrected Statement of Facts for AEB (pages 3 through 7)
2510/29/2001 DISK - aeb
2610/30/2001 APPEARANCES: Monte L. Rogneby; Steven J. Wild
2710/30/2001 ARGUED: Rogneby; Wild (Vol. X; Page 172)
2810/30/2001 ORAL ARGUMENT WEBCAST
2911/05/2001 Ltr. from Monte Rogneby dtd. 11-2-01, re: Response to defendant to pre-sentence investigation rpt.
3011/05/2001 (Dist. to Ct.)
3103/18/2002 DISPOSITION: AFFIRMED
3203/18/2002 UNANIMOUS OPINION: Sandstrom, Dale V.
3303/18/2002 Order/Judgment Mailed to Parties
3404/09/2002 MANDATE
3505/29/2002 Corrected/Substitute Opinion Page 9, para. 23, lines 1 and 20
3604/11/2002 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
3708/20/2007 EXPUNGED - Nonpermanent record items destroyed

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