Rummer v. State

20050341 Werner Rmmer, f.k.a.
Werner Kunkel, Petitioner and Appellant
v.
State of North Dakota, Respondent and Appellee

Appeal from: District Court, Northeast Judicial District, Ramsey County
Judge M. Richard Geiger
Nature of Action: Post-Conviction Relief
Counsel:
Appellant: Douglas Leo Broden
Appellee: Lonnie Olson , State's Attorney
Term: 04/2006   Argument: 04/12/2006  1:30pm
ND cite: 2006 ND 216
NW cite: 722 N.W.2d 528

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
1. Whether the district court erred in denying the petitioner's Application for Post-Conviction Relief as the petitioner is entitled to relief from the judgment of conviction for the reason that his counsel at trial was ineffective in that he failed to retain the services of a forensic entomologist in order to adequately investigate, prepare for, and challenge testimony presented by the State as to the determination of the time of death.
2. Whether the petitioner is entitled to an order vacating the judgment of conviction and granting him a new trial for the reason that his counsel at trial was ineffective in that he failed to object to the admission of testimony of Aaron Rash who testified as an expert in the area of fire investigation without having first been qualified as an expert in the field, and further, by failing to retain the services of an expert in that field to adequately investigate, prepare for, and challenge that testimony.
3. Whether the petitioner is entitled to an order vacating the judgment of conviction and granting him a new trial for the reason that his counsel at trial was ineffective in that he failed to object to the admission of testimony of Peter Belgarde, Jr. who testified as an expert in the field of tracking when he was not qualified as an expert prior to presenting the testimony and in fact admitted that he was not an expert.
4. Whether the petitioner is entitled to an order vacating the judgment of conviction and granting him a new trial for the reason that the State withheld potentially exculpatory evidence within its possession.
5. Whether the petitioner is entitled to an order vacating the judgment of conviction and granting him a new trial for the reason that the State violated his rights as a foreign national when it failed to notify the German Consulate General of his arrest and failed to advise the petitioner of his right to contact his Consulate General in order to obtain assistance.

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Docket entries:
109/28/2005 NOTICE OF APPEAL: 09/27/2005
210/04/2005 ORDER FOR TRANSCRIPT: 09/29/2005
310/04/2005 RETENTION OF RECORD ON APPEAL (Margaret Campbell): 11/18/2005
410/19/2005 RECORD ON APPEAL (4 vols.), Exhibits, & Transcripts (7)
511/18/2005 TRANSCRIPT DATED 3-2-05 thru 3-3-05
611/22/2005 DISK of tra dtd 32-2-05 thru 3-3-05 (e-mailed)
712/28/2005 APPELLANT BRIEF
812/28/2005 E-FILED BRIEF
912/29/2005 APPELLANT APPENDIX (Vols 1 & 2)
1012/30/2005 Rec'd $25.00 surcharge for ATB
1101/04/2006 Rec'd 8 cc each of pgs. 34,100, & 123 for ATA
1201/04/2006 Copies made of ATB
1301/24/2006 MOT. EXT/TIME APPELLEE BRIEF & Affidavit in Support(e-filed)
1401/24/2006 E-FILED MOTION (MAE)
1501/24/2006 ACTION BY CLERK. Granted: 02/27/2006
1602/15/2006 APPELLEE BRIEF
1702/22/2006 MOT. EXT/TIME REPLY BRIEF w/affidavit in support
1802/22/2006 ACTION BY CLERK (MRY). Granted: 03/13/2006
1902/27/2006 Corrected TOA & pages 31, 32, 33, 34, 35, 36, & 37 for AEB
2002/27/2006 DISK - aeb
2103/13/2006 REPLY BRIEF (e-filed)
2203/13/2006 E-FILED BRIEF (RYB)
2303/15/2006 Copies made of e-filed RYB
2403/15/2006 E-mail dated 3-14-06 from Mr. Broden certifying that the RYB was served on opposing counsel
2504/12/2006 APPEARANCES: Douglas L. Broden; Lonnie Olson, State's Attorney
2604/12/2006 ARGUED: Broden; Olson
2704/12/2006 ORAL ARGUMENT WEBCAST
2810/17/2006 DISPOSITION: AFFIRMED
2910/17/2006 UNANIMOUS OPINION: Maring, Mary Muehlen
3010/18/2006 Judgment Mailed to Parties
3110/31/2006 PETITION FOR REHEARING
3210/31/2006 E-FILED BRIEF (PER)
3311/01/2006 7 cc made of Petition for Rehearing
3411/07/2006 ACTION BY SUPREME COURT (PER). Denied
3511/22/2006 MANDATE
3611/28/2006 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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