Klose v. State
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| 20050044 |
Timothy Gene Klose, Petitioner and Appellant
v.
State of North Dakota, Respondent and Appellee
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| Appeal from: |
District Court,
Southeast Judicial District,
Stutsman County
Judge Mikal Simonson |
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Nature of Action: |
Post-Conviction Relief
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| Counsel: |
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| Term: |
09/2005 Argument: 09/09/2005 02:45pm
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| ND cite: |
2005 ND 192
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| NW cite: |
705 N.W.2d 809
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| Issues: |
Appellee's Statement of the Issues:
I. Whether Trial Defense Counsel's assistance was incompetent and if so, whether standard representation would have made a difference.
A. Whether the Trial Defense Counsel unreasonably failed to obtain forensic testing of the Defendant's textiles.
B. Whether the Trial Defense Counsel unreasonably failed to present evidence regarding the firing of the Remington 870.
C. Whether the Trial Defense Counsel unreasonably failed to present evidence that would have decisively contradicted the State's theory of a the chronology of events.
II. Whether Klose was denied access to relevant information or evidence by Kropp, Mackenzie, or Department of Corrections.
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 Add Docket 20050044 RSS
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| 1 | | 02/04/2005 | |
NOTICE OF APPEAL: 02/01/2005 |
| 2 | | 02/04/2005 | |
ORDER FOR TRANSCRIPT: 02/01/2005 |
| 3 | | 02/04/2005 | |
Copy of Request for Transcript at State Expense, w/Judge Simonson's Order dated 2-01-05 (TRA is to |
| 4 | | 02/04/2005 | |
be prepared only if Petitioner pays Ms. Richards in advance and not at State expense) |
| 5 | | 03/02/2005 | |
RETENTION OF RECORD ON APPEAL: 03/23/2005 |
| 6 | | 03/02/2005 | |
Ct. Reporter requesting advance payment from appellant |
| 7 | | 03/10/2005 | |
MOT. EXT/TIME APPELLANT BRIEF (Letter dated March 9, 2005) |
| 8 | | 03/10/2005 | |
ACTION BY CLERK - MAT. Granted: 04/12/2005 |
| 9 | | 04/08/2005 | |
MOT. EXT/TIME APPELLANT BRIEF (April 5, 2005, letter from Klose) |
| 10 | | 04/12/2005 | |
ACTION BY CHIEF JUSTICE. Granted: 05/12/2005 |
| 11 | | 04/14/2005 | |
RECORD ON APPEAL - not sent were entry nos. 37 - 75, & 77 (exhibits-photos) |
| 12 | | 05/18/2005 | |
S.Ct. Not. of Dismissal/Failure to Proceed. RspDue: 05/31/2005 |
| 13 | | 05/16/2005 | |
APPELLANT BRIEF |
| 14 | | 05/18/2005 | |
NO ACTION TAKEN (Notice of Dismissal/Failure to Proceed) (In light of the filing of ATB) |
| 15 | | 05/18/2005 | |
MOTION FOR EXTENSION OF TIME TO FILE THE APPELLANT'S APPENDIX (Ltr fm AT dated 5-12-05) |
| 16 | | 05/19/2005 | |
ACTION BY CHIEF JUSTICE (MOT AT Appendix ext). Granted: 06/01/2005 |
| 17 | | 05/19/2005 | |
DISK NONCOMPLIANCE (ATB - handwritten - Scanned) |
| 18 | | 05/31/2005 | |
APPELLANT APPENDIX |
| 19 | | 05/31/2005 | |
Affidavits of Service - ATB & ATA |
| 20 | | 06/10/2005 | |
APPELLEE BRIEF |
| 21 | | 06/10/2005 | |
E-FILED BRIEF (AEB) |
| 22 | | 06/14/2005 | |
Payment of $25 fee for filing e-filed AEB (Receipt #16204) |
| 23 | | 06/14/2005 | |
Copies made of e-filed AEB |
| 24 | | 06/27/2005 | |
REPLY BRIEF of Appellant |
| 25 | | 06/27/2005 | |
Appellant's Supplemental Appendix |
| 26 | | 06/30/2005 | |
DISK NONCOMPLIANCE (RYB - handwritten - scanned) |
| 27 | | 08/15/2005 | |
Letter from Mr. Klose dated 8/10/05 RE: request to attend oral argument |
| 28 | | 09/09/2005 | |
APPEARANCES: Timothy Eugene Klose with Cmd. Steve Heidt and Officer Troy Gross from NDSP |
| 29 | | 09/09/2005 | |
Frederick R. "Fritz" Fremgen |
| 30 | | 09/09/2005 | |
ARGUED: Klose; Fremgen |
| 31 | | 09/09/2005 | |
ORAL ARGUMENT WEBCAST |
| 32 | | 11/09/2005 | |
DISPOSITION: AFFIRMED |
| 33 | | 11/09/2005 | |
UNANIMOUS OPINION: Maring, Mary Muehlen |
| 34 | | 11/10/2005 | |
Judgment Mailed to Parties |
| 35 | | 11/22/2005 | |
Mot. Ext/Time Petition for Rehearing |
| 36 | | 11/22/2005 | |
ACTION BY CLERK (MPR). Granted: 12/07/2005 |
| 37 | | 12/07/2005 | |
PETITION FOR REHEARING |
| 38 | | 12/07/2005 | |
Appendix in Support of Pet/Rehearing |
| 39 | | 12/08/2005 | |
DISK NONCOMPLIANCE (Included in Mot/to Excuse Rules 32(2) and 31(b)(2)(B)) |
| 40 | | 12/08/2005 | |
MOTION TO EXCUSE RULES 32(2) AND 31(b)(2)(B) OF THE N.D.R.APP.P |
| 41 | | 12/08/2005 | |
ACTION BY CLERK. GRANTED |
| 42 | | 12/20/2005 | |
ACTION BY SUPREME COURT (Pet/Rehearing). denied |
| 43 | | 01/05/2006 | |
MANDATE |
| 44 | | 01/09/2006 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 45 | | 09/10/2012 | |
EXPUNGED - Nonpermanent record items destroyed |