Whiteman v. State
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| 20010224 |
Ambrose Joel Whiteman, Petitioner and Appellant
v.
State of North Dakota, Respondent and Appellee
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| Appeal from: |
District Court,
East Central Judicial District,
Cass County
Judge Lawrence A. Leclerc |
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Nature of Action: |
Post-Conviction Relief
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| Counsel: |
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| Term: |
01/2002 Argument: 01/08/2002 02:45pm
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| ND cite: |
2002 ND 77
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| NW cite: |
643 N.W.2d 704
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| Issues: |
Appellee's Statement of the Issues:
When defendant was denied a direct appeal by counsel's failure to file notice of appeal, should the defendant be given a new direct appeal with all attendant rights?
Does the defendant have the right to a direct appeal, and can the defendant's attorney waive that right without the consent, as provided by 29-28-03?
Did the lower court error in denying the defendant the requested evidentiary hearing?
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| 1 | | 09/18/2001 | |
NOTICE OF APPEAL: 09/17/2001 |
| 2 | | 10/19/2001 | |
MOT. EXT/TIME APPELLANT BRIEF |
| 3 | | 10/19/2001 | |
ACTION BY CLERK (MAT). Granted: 11/26/2001 |
| 4 | | 10/18/2001 | |
RECORD ON APPEAL |
| 5 | | 10/18/2001 | |
Record (Cass Co. CR-97-04083) & Separates #191-192 (State's Exhibits), 202-203 (State's Exhibits), |
| 6 | | 10/18/2001 | |
207 (State's Exhibit) & 212-215 (State's Exhibits) (NOT REC'D):#3,8,24, 223-226 & 230(Steno Notes); |
| 7 | | 10/18/2001 | |
16, 19, 37, & 94 (Tapes); and 190, 193-201, 204-206 & 208-211 (State's Exhibits) |
| 8 | | 11/06/2001 | |
APPELLANT BRIEF |
| 9 | | 11/06/2001 | |
APPELLANT APPENDIX |
| 10 | | 11/08/2001 | |
DISK NONCOMPLIANCE - ATB (Scanned) |
| 11 | | 11/14/2001 | |
Table of Contents and Notice of Appeal for ATA and Certificate of Service by Mail of ATB & ATA |
| 12 | | 12/03/2001 | |
APPELLEE BRIEF |
| 13 | | 12/04/2001 | |
DISK - AEB |
| 14 | | 01/02/2002 | |
Request for Radio/TV Coverage (AP) (e-mail dated 1-02-02 from Dale Wetzel) (APPROVED) |
| 15 | | 01/08/2002 | |
APPEARANCES: submitted on brief for AT; Wade L. Webb |
| 16 | | 01/08/2002 | |
ARGUED: submitted on brief for AT; Webb (Vol. X; Page 192) |
| 17 | | 01/08/2002 | |
ORAL ARGUMENT WEBCAST |
| 18 | | 05/14/2002 | |
DISPOSITION: REVERSED AND REMANDED |
| 19 | | 05/14/2002 | |
SPLIT OPINION: Neumann, William A. |
| 20 | | 05/14/2002 | |
(CONCUR Specially): Sandstrom, Dale V.: CONCUR |
| 21 | | 05/17/2002 | |
Order/Judgment Mailed to Parties |
| 22 | | 05/21/2002 | |
MOTION FOR COSTS INCURRED (under N.D.R.App.P. 39(h)) |
| 23 | | 05/22/2002 | |
ACTION BY SUPREME COURT. Granted |
| 24 | | 05/22/2002 | |
Order Mailed to Parties |
| 25 | | 06/05/2002 | |
MANDATE |
| 26 | | 06/10/2002 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 27 | | 09/25/2007 | |
EXPUNGED - Nonpermanent record items destroyed |