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: |
|
| Term: |
10/2001 Argument: 10/30/2001 01:30pm
|
| ND cite: |
2002 ND 52
|
| NW cite: |
641 N.W.2d 86
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
|
|
|
| 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?
|
|
 Add Docket 20010111 RSS
|
| 1 | | 04/30/2001 | |
NOTICE OF APPEAL: 04/26/2001 |
| 2 | | 04/30/2001 | |
ORDER FOR TRANSCRIPT: 04/26/2001 |
| 3 | | 04/30/2001 | |
ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning |
| 4 | | 05/21/2001 | |
TRANSCRIPT DATED January 31 and February 1, 2001 |
| 5 | | 05/21/2001 | |
DISK - TRA |
| 6 | | 05/23/2001 | |
RECORD ON APPEAL & Exhibits (No. 36 was sent by Ct. Reporter as the TRA & Filed May 21, 2001) |
| 7 | | 06/29/2001 | |
MOT. EXT/TIME APPELLANT BRIEF |
| 8 | | 06/29/2001 | |
ACTION BY CHIEF DEPUTY CLERK. Granted: 07/27/2001 |
| 9 | | 07/27/2001 | |
APPELLANT BRIEF |
| 10 | | 07/27/2001 | |
APPELLANT APPENDIX |
| 11 | | 08/02/2001 | |
Copy of Appellant Brief |
| 12 | | 08/02/2001 | |
Copies of corrected TOA and pages for ATB |
| 13 | | 08/02/2001 | |
DISK - ATB |
| 14 | | 08/25/2001 | |
APPELLEE BRIEF |
| 15 | | 08/28/2001 | |
Record in State v. Froistad (Bowman Co. #98-K-29) & transcripts (4) |
| 16 | | 09/12/2001 | |
MOT. EXT/TIME REPLY BRIEF |
| 17 | | 09/12/2001 | |
ACTION BY CLERK (MRY). Granted: 09/17/2001 |
| 18 | | 09/17/2001 | |
REPLY BRIEF |
| 19 | | 09/17/2001 | |
DISK - RYB |
| 20 | | 09/25/2001 | |
SITTING WITH THE COURT: Bohlman, Bruce E. |
| 21 | | 09/26/2001 | |
Request for Radio/TV Coverage - ND Public Radio (e-mail from Jack McDonald) AUTHORIZED |
| 22 | | 10/01/2001 | |
Request for Radio/TV Coverage - KFYR-TV |
| 23 | | 10/08/2001 | |
Request for Radio/TV Coverage (AP) (e-mail from Dale Wetzel dated 10-01-01) (AUTHORIZED) |
| 24 | | 10/29/2001 | |
Corrected Statement of Facts for AEB (pages 3 through 7) |
| 25 | | 10/29/2001 | |
DISK - aeb |
| 26 | | 10/30/2001 | |
APPEARANCES: Monte L. Rogneby; Steven J. Wild |
| 27 | | 10/30/2001 | |
ARGUED: Rogneby; Wild (Vol. X; Page 172) |
| 28 | | 10/30/2001 | |
ORAL ARGUMENT WEBCAST |
| 29 | | 11/05/2001 | |
Ltr. from Monte Rogneby dtd. 11-2-01, re: Response to defendant to pre-sentence investigation rpt. |
| 30 | | 11/05/2001 | |
(Dist. to Ct.) |
| 31 | | 03/18/2002 | |
DISPOSITION: AFFIRMED |
| 32 | | 03/18/2002 | |
UNANIMOUS OPINION: Sandstrom, Dale V. |
| 33 | | 03/18/2002 | |
Order/Judgment Mailed to Parties |
| 34 | | 04/09/2002 | |
MANDATE |
| 35 | | 05/29/2002 | |
Corrected/Substitute Opinion Page 9, para. 23, lines 1 and 20 |
| 36 | | 04/11/2002 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 37 | | 08/20/2007 | |
EXPUNGED - Nonpermanent record items destroyed |