Syvertson v. State
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| 20050016 |
Charles E. Syvertson, 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 Douglas R. Herman |
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Nature of Action: |
Post-Conviction Relief
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| Counsel: |
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| Term: |
06/2005 Argument: 06/07/2005 10:45am
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| ND cite: |
2005 ND 128
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| NW cite: |
699 N.W.2d 855
Listen to recording of oral argument
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| Issues: |
Appellant's Statement of the Issues:
I. Whether Syvertson's Constitutional Rights Were Violated Under The Due Process Clause Of The Fourteenth Amendment Due To The State's Failure To Disclose Relevant Discoverable Information .
II. Whether Syvertson Should Have Been Granted Post-Conviction Relief Based Upon Newly Discovered Evidence.
III. Whether The State's Conduct Was "Outrageous" Under The Due Process Principles Of The Fourteenth Amendment To Bar The Prosecution From Invoking Judicial Process To Obtain A Conviction.
Appellee's Statement of the Issues:
1) Whether newly discovered evidence indicates that the State committed a Brady violation.
2) Whether Syvertson should have been granted post-conviction relief based upon newly discovered evidence.
3) Whether the State's conduct was "outrageous" under the Due Process principles of the Fourteenth Amendment to bar the Prosecution from invoking judicial process to obtain a conviction.
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| 1 | | 01/19/2005 | |
NOTICE OF APPEAL: 01/13/2005 |
| 2 | | 01/19/2005 | |
Second Notice of Appeal filed by counsel on January 18, 2005 |
| 3 | | 01/19/2005 | |
ORDER FOR TRANSCRIPT (Syvertson): 01/13/2005 |
| 4 | | 01/19/2005 | |
Second order for transcript filed by counsel on January 18, 2005 |
| 5 | | 02/11/2005 | |
RETENTION OF RECORD ON APPEAL: 03/04/2005 |
| 6 | | 02/14/2005 | |
Letter from Tracy Gompf clarifying that the appeal is from the final judgment |
| 7 | | 02/23/2005 | |
TRANSCRIPT DATED December 17, 2004 |
| 8 | | 02/24/2005 | |
DISK - TRA of 12-17-04 |
| 9 | | 02/24/2005 | |
Certificate of Service of Copies of the Transcript |
| 10 | | 03/10/2005 | |
RECORD ON APPEAL (2 Vol) with sealed docs (#90, 91, 92 & 95). Not sent w/record was #71 |
| 11 | | 03/10/2005 | |
(Steno Notes). Also Record on Appeal in trial court case #97-K-02784 (2 Vol.) including |
| 12 | | 03/10/2005 | |
separate No. 10 (evaluation report), and No 13, 14 & 15 Sealed Documents; video tapes (2); |
| 13 | | 03/10/2005 | |
and transcripts dated 7-18-97, 1-2-98, 1-6-98, 1-16-98, 4-7-98, 1-15-99 & 12-23-97. |
| 14 | | 03/10/2005 | |
Not sent were Nos. 8, 52, & 81 (Steno Notes), 11, 60, 85, 103, 104, 122, & 149 (Tapes) |
| 15 | | 04/04/2005 | |
APPELLANT BRIEF |
| 16 | | 04/04/2005 | |
APPELLANT APPENDIX |
| 17 | | 04/05/2005 | |
DISK - ATB |
| 18 | | 04/13/2005 | |
Corrected Table of Authorities, corrected pages for ATB |
| 19 | | 05/05/2005 | |
APPELLEE BRIEF |
| 20 | | 05/11/2005 | |
DISK - AEB (e-mailed) |
| 21 | | 05/16/2005 | |
REPLY BRIEF |
| 22 | | 05/17/2005 | |
DISK of RYB |
| 23 | | 06/07/2005 | |
APPEARANCES: Tracy A. Gompf; Mark R. Boening |
| 24 | | 06/07/2005 | |
ARGUED: Gompf; Boening (Vol. Z; Page 130) |
| 25 | | 06/07/2005 | |
ORAL ARGUMENT WEBCAST |
| 26 | | 07/13/2005 | |
DISPOSITION: AFFIRMED |
| 27 | | 07/13/2005 | |
UNANIMOUS OPINION: VandeWalle, Gerald W. |
| 28 | | 07/14/2005 | |
Judgment Mailed to Parties |
| 29 | | 07/25/2005 | |
PETITION FOR REHEARING |
| 30 | | 07/26/2005 | |
DISK - per |
| 31 | | 08/18/2005 | |
ACTION BY SUPREME COURT (PER). Denied |
| 32 | | 08/29/2005 | |
MANDATE |
| 33 | | 09/07/2005 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 34 | | 07/19/2012 | |
EXPUNGED - Nonpermanent record items destroyed |