Johnson v. State
Robert L. Johnson, Petitioner and Appellant
State of North Dakota, Respondent and Appellee
Southeast Judicial District,
Judge John T. Paulson
|Nature of Action:||Post-Conviction Relief|
|Term:||04/2006  Argument: 04/17/2006 Waived|
|ND cite:||2006 ND 122|
714 N.W.2d 832
Appellant's Statement of the Issues:|
I. Whether the District Court erred in denying Johnson's motion to amend his Application for Post-Conviction Relief.
a. Judge Paulson erroneously found Johnson's claim of ineffective assistance of counsel to be a new issue.
b. The rule of laches does not apply in this proceeding to bar Johnson's proposed amendment to argue that his guilty plea was not knowingly, intelligently, and voluntarily entered due to his mental illness.
II. Whether the District Court erred in summarily dismissing Johnson's Application for Post-Conviction Relief without making sufficient findings.
a. Johnson received ineffective assistance of counsel.
b. Johnson's guilty plea was not knowingly, intelligently and voluntarily entered.
Appellee's Statement of the Issues:
I.Whether the District Court's summary denial of the application was proper.
II.Whether the District Court's denial of Johnson's motion to amend his pleadings was proper.
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|1||01/10/2006||NOTICE OF APPEAL: 01/06/2006|
|3||01/26/2006||APPELLANT BRIEF (scanned)|
|4||01/27/2006||DISK NONCOMPLIANCE - ltr dtd 1-20-06 (ATB scanned)|
|5||02/23/2006||RECORD ON APPEAL|
|6||02/24/2006||APPELLEE BRIEF (e-filed)|
|7||02/24/2006||E-FILED BRIEF (AEB)|
|8||02/28/2006||Payment of $25 surcharge (Receipt #16775)|
|9||02/28/2006||Copies of AEB made|
|10||03/10/2006||Letter dated 3-07-06 from Robert L. Johnson requesting waiver of oral argument|
|11||03/16/2006||NO Separate ACTION TAKEN (AT motion to waive)|
|12||03/16/2006||S.CT. DETERMINED ORAL ARGUMENT NOT NECESSARY|
|13||04/17/2006||APPEARANCES: submitted on briefs under NDRAppP 34(a)(2)|
|14||04/17/2006||ARGUED: submitted on briefs under NDRAppP 34(a)(2)|
|16||06/01/2006||UNANIMOUS OPINION: Sandstrom, Dale V.|
|17||06/02/2006||Order/Judgment Mailed to Parties|
|19||06/28/2006||RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|
|20||05/09/2016||EXPUNGED - Nonpermanent record items destroyed|