Wilson v. Koppy

20020161 W.J. Wilson, Petitioner and Appellant
Allen M. Koppy, Respondent and Appellee

Appeal from: District Court, South Central Judicial District, Morton County
Judge Benny A. Graff
Nature of Action: Writ of Mandamus (Civil)
Appellant: Pro se
Appellee: Brian David Grosinger , Asst. State's Attorney
Term: 09/2002   Argument: 09/04/2002
ND cite: 2002 ND 179
NW cite: 653 N.W.2d 68

Issues: Appellee's Statement of the Issues:
1. Whether a matter that has never been legally filed with the District Court can be appealed to this court.
2. Whether the trial court abused its discretion in denying the Writ of Mandamus that had never been legally filed, in the form it was presented.
3. If this Court answers both prior issues against Respondent Allen Koppy, whether this Court can make any ruling other than to remand the matter back to the District Court for further proceeding.

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Docket entries:
106/19/2002 NOTICE OF APPEAL: 06/06/2002
206/25/2002 RECORD ON APPEAL
306/26/2002 Application to Proceed In Forma Pauperis (no action necessary)
406/26/2002 Letter dated 6-23-02 from W.J. Wilson, Jr. re Appellant's Brief & Appendix
506/26/2002 ACTION BY CHIEF JUSTICE (file "Appellee's Brief" & attached documents as AT's Brief & Appendix). Granted
606/26/2002 "Appellee's Brief" (NOTE: filed as Appellant's Brief & Appendix, Supporting Affidavit)
706/26/2002 (NOTE: above will be given whatever consideration the Court deems appropriate)
806/26/2002 DISK NONCOMPLIANCE (inmate)
906/26/2002 MOT. EXT/TIME APPELLEE BRIEF (no Mot.)
1006/26/2002 ACTION BY SUPREME COURT (sua sponte). Granted: 07/26/2002
1107/01/2002 DISK - ATB (Scanned)
1207/26/2002 APPELLEE BRIEF
1407/26/2002 DISK - aeb
1509/03/2002 MOTION FOR WAIVER OF OA (Appellant and Appellee)
1609/03/2002 ACTION BY SUPREME COURT (OA waived -- AT/AE). Granted
1709/03/2002 "ANSWER TO APPELLEE BRIEF" (filed subject to approval of the Court)
1809/03/2002 DISK - RYB (scanned)
1909/04/2002 APPEARANCES: submitted on brief
2009/04/2002 ARGUED: submitted on brief (Vol. Y; Page 17)
2211/05/2002 UNANIMOUS OPINION: Maring, Mary Muehlen
2311/05/2002 Costs on appeal taxed in favor of appellee
2411/07/2002 Order/Judgment Mailed to Parties
2511/15/2002 Mot. Ext/Time Petition for Rehearing
2611/15/2002 ACTION BY CHIEF JUSTICE. Granted: 11/29/2002
2712/12/2002 MANDATE
2907/30/2008 EXPUNGED - Nonpermanent record items destroyed

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