Greywind v. State

20040080 John Willard Greywind, Petitioner and Appellant
v.
State of North Dakota, Respondent and Appellee

Appeal from: District Court, East Central Judicial District, Cass County
Judge Frank L. Racek
Nature of Action: Post-Conviction Relief
Counsel:
Appellant: Pro se
Appellee: Birch Peterson Burdick , State's Attorney
Term: 10/2004   Argument: 10/05/2004  1:30pm
ND cite: 2004 ND 213
NW cite: 689 N.W.2d 390

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Issues: Appellant's Statement of the Issues:
I. Whether Greywind was denied effective assistance of counsel.
II. Whether Greywind's plea was voluntary.
III. Whether Greywind was dinied a new trial by newly discovered evidence.

Appellee's Statement of the Issues:
I. Whether Defendant has a claim for ineffective assistance of counsel.
II. Whether Defendant's pleas were voluntary.
III. Whether there is newly discovered evidence that warrants a new trial.

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Docket entries:
103/25/2004 NOTICE OF APPEAL: 03/25/2004
203/29/2004 Received Notice of Filing of Notice of Appeal from District Court.
304/28/2004 RECORD ON APPEAL including separates 60, 61, 62 (videotapes)(not sent - steno notes)
404/28/2004 Clerk's Cert. of Record in criminal 99-K-02970 w/separate 29 (transcript)(not rec'd steno notes
504/28/2004 and tapes and #5 (copy of felony scheduling order to State's Attorney))
604/28/2004 Clerk's Cert. of Record in criminal 99-K-02279 w/separates 64, 75, 76 (transcripts)
704/28/2004 (not received were steno notes & tapes & State's Attorney copies of felony scheduling orders)
805/04/2004 MOT. EXT/TIME APPELLANT BRIEF
905/04/2004 ACTION BY CLERK (MAT). Granted: 06/03/2004
1005/07/2004 State's Reply to Request for Extension of Time - no objection
1105/20/2004 Transcript dated January 22 and 26, 2004 (in one volume)
1205/24/2004 DISK of transcript dated January 22 & 26, 2004
1305/27/2004 MOT. EXT/TIME APPELLANT BRIEF
1405/27/2004 ACTION BY CHIEF JUSTICE. Granted: 07/03/2004
1506/04/2004 Reply to Second Motion for Enlargment of Time to File Brief of Appellant
1606/08/2004 Supplemental Clerk's Cert. dated 6-07-04 in criminal 99-K-02970 (Entry Nos. 32-35)
1706/08/2004 Supplemental Clerk's Cert. dated 6-07-04 in criminal 99-K-02279 (Entry Nos. 78-81)
1806/11/2004 Copy of Motion filed in the trial court by AT
1906/21/2004 Supplemental Clerk's Cert. dated 6-21-04 in criminal 99-K-02279 (Entry Nos. 82-84)
2006/30/2004 MOT. EXT/TIME APPELLANT BRIEF
2106/30/2004 ACTION BY CHIEF JUSTICE. Granted: 07/12/2004
2207/09/2004 MOTION TO STAY PROCEEDINGS PENDING APPEAL OF DISTRICT COURT DECISION REGARDING NEEDED TRANSCRIPTS,
2307/09/2004 and PETITION FOR WRIT OF MANDAMUS/SUPERVISORY WRIT with attachments
2407/09/2004 NO ACTION TAKEN (Motion for Stay and Petition for Writ)
2507/09/2004 MOT. EXT/TIME APPELLANT BRIEF (Sua Sponte)
2607/09/2004 ACTION BY CHIEF JUSTICE (Sua Sponte MAT). Granted: 07/28/2004
2707/28/2004 APPELLANT BRIEF
2807/28/2004 APPELLANT APPENDIX
2907/28/2004 DISK - atb (e-mailed)
3008/09/2004 Certificate of Service dated 8-3-04 RE: Service of ATB & ATA on Birch Burdick
3108/09/2004 Copies of Judgment filed 2-9-04 for ATA
3208/30/2004 APPELLEE BRIEF
3308/31/2004 DISK - aeb
3410/05/2004 APPEARANCES: John Willard Greywind (accompanied by Mr. Theurer and Mr. McGonigal; Birch P. Burdick
3510/05/2004 ARGUED: Greywind; Burdick (Vol. Z; Page 35)
3610/05/2004 ORAL ARGUMENT WEBCAST
3711/19/2004 DISPOSITION: AFFIRMED
3811/19/2004 UNANIMOUS OPINION: Kapsner, Carol Ronning
3911/19/2004 Corrected/Substitute Opinion Title Page
4011/22/2004 Judgment Mailed to Parties
4112/13/2004 MANDATE
4212/15/2004 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
4306/03/2011 EXPUNGED - Nonpermanent record items destroyed

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