Sambursky v. State

20050330 Paul Joseph Sambursky, Petitioner and Appellant
v.
State of North Dakota, Respondent and Appellee

Appeal from: District Court, Northeast Central Judicial District, Grand Forks County
Judge Karen Kosanda Braaten
Nature of Action: Post-Conviction Relief
Counsel:
Appellant: Rebecca Jo Heigaard McGurran
Appellee: David Thomas Jones , Asst. State's Attorney
Term: 03/2006   Argument: 03/27/2006  Waived
ND cite: 2006 ND 223
NW cite: 723 N.W.2d 524


Issues: Appellant's Statement of the Issues:
I. Whether Mr. Sambursky has raised a reasonable inference creating a genuine issue of material fact as to wheather his pleas were voluntarily and knowingly made.
II. Whether Mr. Sambursky has raised a reasonable inference creating a genuine issue of material fact as to his claim of ineffective assistance of counsel.

Appellee's Statement of the Issues:
1. Whether the defendant's motion for post-conviction relief as to whether he voluntarily and knowingly entered into a plea agreement was properly denied
2. Whether the defendant's claim of ineffective assistance of counsel raises a genuine issue of material fact

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Docket entries:
109/22/2005 NOTICE OF APPEAL: 09/20/2005
209/22/2005 This matter is consolidated w/20050331-20050335; make all entries except MAN and DIS in this case
309/28/2005 Motion for Appointment of Counsel from Mr. Sambursky dated 9/26/05
410/14/2005 Copy of Order Appointing Counsel (Spaeth Law Firm appointed)
510/14/2005 Reset due date for ATB due to recent appointment of Spaeth Firm
610/14/2005 Reset due date for ATB because of recent appointment of Spaeth Firm. Granted: 11/30/2005
710/19/2005 RECORD ON APPEAL and separates including PSI and transcript dated 1-13-04. Not sent were Nos. 3,
810/19/2005 22, 36, 46, 49, 50, (Shorthand Notes), and No. 47 (Plea Agreement Rejected)
911/25/2005 MOT. EXT/TIME APPELLANT BRIEF (e-filed)
1011/25/2005 E-FILED MOTION (MAT)
1111/25/2005 ACTION BY Chief Deputy CLERK. Granted: 12/30/2005
1212/30/2005 APPELLANT BRIEF
1312/30/2005 E-FILED BRIEF (ATB)
1412/30/2005 APPELLANT APPENDIX
1512/30/2005 $25 surcharge paid for e-filed ATB (Receipt 16721)
1601/09/2006 Copies of ATB made
1701/30/2006 E-filed Letter from Rebecca Heigaard McGurran dated 1-30-06 re: explanation regarding
1801/30/2006 discrepancies in ATA & page 69 to be inserted in ATA
1901/30/2006 APPELLEE BRIEF
2001/30/2006 E-FILED BRIEF - AEB
2102/01/2006 Received $25 surcharge for AEB
2202/03/2006 Affidavit of Electronic Service for AEB
2302/06/2006 Seven copies of AEB received from Central Duplicating
2402/16/2006 S.CT. DETERMINED ORAL ARGUMENT NOT NECESSARY
2503/08/2006 MOTION TO STAY PROCEEDINGS FILED BY PAUL SAMBURSKY
2603/08/2006 ACTION BY CHIEF JUSTICE (Mot/Stay/Proceedings). Denied
2703/27/2006 APPEARANCES: submitted on briefs under NDRAppP 34(a)(2)
2803/27/2006 ARGUED: submitted on briefs under NDRAppP 34(a)(2)
2911/07/2006 DISPOSITION: AFFIRMED/PT, REVERSED/PT
3011/07/2006 SPLIT OPINION: Kapsner, Carol Ronning
3111/07/2006 (CONCUR & DISSENT): Sandstrom, Dale V.: CON/DIS
3211/08/2006 Judgment Mailed to Parties
3311/30/2006 MANDATE
3412/06/2006 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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