Syvertson v. State

20050016 Charles E. Syvertson, Petitioner and Appellant
v.
State of North Dakota, Respondent and Appellee

Appeal from: District Court, East Central Judicial District, Cass County
Judge Douglas R. Herman
Nature of Action: Post-Conviction Relief
Counsel:
Appellant: Tracy Andrew Gompf
Appellee: Mark Rainer Boening , Asst. State's Attorney
Term: 06/2005   Argument: 06/07/2005  10:45am
ND cite: 2005 ND 128
NW cite: 699 N.W.2d 855

Listen to recording of oral argument in MP3 format

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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Docket entries:
101/19/2005 NOTICE OF APPEAL: 01/13/2005
201/19/2005 Second Notice of Appeal filed by counsel on January 18, 2005
301/19/2005 ORDER FOR TRANSCRIPT (Syvertson): 01/13/2005
401/19/2005 Second order for transcript filed by counsel on January 18, 2005
502/11/2005 RETENTION OF RECORD ON APPEAL: 03/04/2005
602/14/2005 Letter from Tracy Gompf clarifying that the appeal is from the final judgment
702/23/2005 TRANSCRIPT DATED December 17, 2004
802/24/2005 DISK - TRA of 12-17-04
902/24/2005 Certificate of Service of Copies of the Transcript
1003/10/2005 RECORD ON APPEAL (2 Vol) with sealed docs (#90, 91, 92 & 95). Not sent w/record was #71
1103/10/2005 (Steno Notes). Also Record on Appeal in trial court case #97-K-02784 (2 Vol.) including
1203/10/2005 separate No. 10 (evaluation report), and No 13, 14 & 15 Sealed Documents; video tapes (2);
1303/10/2005 and transcripts dated 7-18-97, 1-2-98, 1-6-98, 1-16-98, 4-7-98, 1-15-99 & 12-23-97.
1403/10/2005 Not sent were Nos. 8, 52, & 81 (Steno Notes), 11, 60, 85, 103, 104, 122, & 149 (Tapes)
1504/04/2005 APPELLANT BRIEF
1604/04/2005 APPELLANT APPENDIX
1704/05/2005 DISK - ATB
1804/13/2005 Corrected Table of Authorities, corrected pages for ATB
1905/05/2005 APPELLEE BRIEF
2005/11/2005 DISK - AEB (e-mailed)
2105/16/2005 REPLY BRIEF
2205/17/2005 DISK of RYB
2306/07/2005 APPEARANCES: Tracy A. Gompf; Mark R. Boening
2406/07/2005 ARGUED: Gompf; Boening (Vol. Z; Page 130)
2506/07/2005 ORAL ARGUMENT WEBCAST
2607/13/2005 DISPOSITION: AFFIRMED
2707/13/2005 UNANIMOUS OPINION: VandeWalle, Gerald W.
2807/14/2005 Judgment Mailed to Parties
2907/25/2005 PETITION FOR REHEARING
3007/26/2005 DISK - per
3108/18/2005 ACTION BY SUPREME COURT (PER). Denied
3208/29/2005 MANDATE
3309/07/2005 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
3407/19/2012 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 12/19/2014