Matthews v. State

20050068 Anthony Charles Matthews, 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: Tracy Andrew Gompf
Appellee: Reid Alan Brady , Asst. State's Attorney
Term: 10/2005   Argument: 10/24/2005  04:00pm
ND cite: 2005 ND 202
NW cite: 706 N.W.2d 74

Issues: Appellant's Statement of the Issues:
I. Whether Trial Counsel's Assistance Was Ineffective.
II. Whether Petitioner's/Applicant's/Appellant's Constitutional Arguments Would Have Been Meritorious Had Evidence Previously Not Introduced Been Presented To The Trial Court.

Appellee's Statement of the Issues:
Whether the district court properly determined trial counsel's performance was not ineffective.

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Docket entries:
102/25/2005 NOTICE OF APPEAL (amended): 02/24/2005
202/25/2005 ORDER FOR TRANSCRIPT: 02/24/2005
303/24/2005 TRANSCRIPT DATED 1-28-05
403/28/2005 DISK - TRA dated 1-28-05
503/30/2005 RECORD ON APPEAL (also received record in 02-K-00578, State v. Matthews, w/transcripts (separate);
603/30/2005 not received in 02-K-00578, entries 5, 13, 25, 29, 32, 37, 39, 41, 47, 65))
703/30/2005 DISK - TRAs 05-22-02 and 09-20-02 (Rec'd w/record)
804/28/2005 APPELLANT BRIEF
904/28/2005 APPELLANT APPENDIX
1005/04/2005 Proof of Service for ATB
1105/10/2005 Corrected TOA and p.8 for ATB
1205/10/2005 DISK of ATB
1305/31/2005 APPELLEE BRIEF
1405/31/2005 E-FILED BRIEF
1505/31/2005 DISK - emailed (AEB)
1605/31/2005 $25 surcharge for efiled AEB (receipt no. 16190)
1705/31/2005 Copies made of AEB
1809/26/2005 S.CT. DETERMINED ORAL ARGUMENT NOT NECESSARY
1910/24/2005 APPEARANCES: waived under N.D.R.App.P. 34(a)(2) and submitted on briefs
2010/24/2005 ARGUED: waived under N.D.R.App.P. 34(a)(2) and submitted on briefs
2111/29/2005 DISPOSITION: AFFIRMED
2211/29/2005 UNANIMOUS OPINION: Kapsner, Carol Ronning
2311/30/2005 Judgment Mailed to Parties
2401/06/2006 MANDATE
2501/11/2006 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
2609/13/2012 EXPUNGED - Nonpermanent record items destroyed

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