Klose v. State

20050044 Timothy Gene Klose, Petitioner and Appellant
v.
State of North Dakota, Respondent and Appellee

Appeal from: District Court, Southeast Judicial District, Stutsman County
Judge Mikal Simonson
Nature of Action: Post-Conviction Relief
Counsel:
Appellant: Pro se
Appellee: Frederick Russell Fremgen , State's Attorney
Term: 09/2005   Argument: 09/09/2005  2:45pm
ND cite: 2005 ND 192
NW cite: 705 N.W.2d 809

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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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Docket entries:
102/04/2005 NOTICE OF APPEAL: 02/01/2005
202/04/2005 ORDER FOR TRANSCRIPT: 02/01/2005
302/04/2005 Copy of Request for Transcript at State Expense, w/Judge Simonson's Order dated 2-01-05 (TRA is to
402/04/2005 be prepared only if Petitioner pays Ms. Richards in advance and not at State expense)
503/02/2005 RETENTION OF RECORD ON APPEAL: 03/23/2005
603/02/2005 Ct. Reporter requesting advance payment from appellant
703/10/2005 MOT. EXT/TIME APPELLANT BRIEF (Letter dated March 9, 2005)
803/10/2005 ACTION BY CLERK - MAT. Granted: 04/12/2005
904/08/2005 MOT. EXT/TIME APPELLANT BRIEF (April 5, 2005, letter from Klose)
1004/12/2005 ACTION BY CHIEF JUSTICE. Granted: 05/12/2005
1104/14/2005 RECORD ON APPEAL - not sent were entry nos. 37 - 75, & 77 (exhibits-photos)
1205/18/2005 S.Ct. Not. of Dismissal/Failure to Proceed. RspDue: 05/31/2005
1305/16/2005 APPELLANT BRIEF
1405/18/2005 NO ACTION TAKEN (Notice of Dismissal/Failure to Proceed) (In light of the filing of ATB)
1505/18/2005 MOTION FOR EXTENSION OF TIME TO FILE THE APPELLANT'S APPENDIX (Ltr fm AT dated 5-12-05)
1605/19/2005 ACTION BY CHIEF JUSTICE (MOT AT Appendix ext). Granted: 06/01/2005
1705/19/2005 DISK NONCOMPLIANCE (ATB - handwritten - Scanned)
1805/31/2005 APPELLANT APPENDIX
1905/31/2005 Affidavits of Service - ATB & ATA
2006/10/2005 APPELLEE BRIEF
2106/10/2005 E-FILED BRIEF (AEB)
2206/14/2005 Payment of $25 fee for filing e-filed AEB (Receipt #16204)
2306/14/2005 Copies made of e-filed AEB
2406/27/2005 REPLY BRIEF of Appellant
2506/27/2005 Appellant's Supplemental Appendix
2606/30/2005 DISK NONCOMPLIANCE (RYB - handwritten - scanned)
2708/15/2005 Letter from Mr. Klose dated 8/10/05 RE: request to attend oral argument
2809/09/2005 APPEARANCES: Timothy Eugene Klose with Cmd. Steve Heidt and Officer Troy Gross from NDSP
2909/09/2005 Frederick R. "Fritz" Fremgen
3009/09/2005 ARGUED: Klose; Fremgen
3109/09/2005 ORAL ARGUMENT WEBCAST
3211/09/2005 DISPOSITION: AFFIRMED
3311/09/2005 UNANIMOUS OPINION: Maring, Mary Muehlen
3411/10/2005 Judgment Mailed to Parties
3511/22/2005 Mot. Ext/Time Petition for Rehearing
3611/22/2005 ACTION BY CLERK (MPR). Granted: 12/07/2005
3712/07/2005 PETITION FOR REHEARING
3812/07/2005 Appendix in Support of Pet/Rehearing
3912/08/2005 DISK NONCOMPLIANCE (Included in Mot/to Excuse Rules 32(2) and 31(b)(2)(B))
4012/08/2005 MOTION TO EXCUSE RULES 32(2) AND 31(b)(2)(B) OF THE N.D.R.APP.P
4112/08/2005 ACTION BY CLERK. GRANTED
4212/20/2005 ACTION BY SUPREME COURT (Pet/Rehearing). denied
4301/05/2006 MANDATE
4401/09/2006 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
4509/10/2012 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 07/25/2014