Johnson v. State

20060010 Robert L. Johnson, Petitioner and Appellant
v.
State of North Dakota, Respondent and Appellee

Appeal from: District Court, Southeast Judicial District, Stutsman County
Judge John T. Paulson
Nature of Action: Post-Conviction Relief
Counsel:
Appellant: Pro se
Appellee: Frederick Russell Fremgen , State's Attorney
Term: 04/2006   Argument: 04/17/2006  Waived
ND cite: 2006 ND 122
NW cite: 714 N.W.2d 832


Issues: 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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Docket entries:
101/10/2006 NOTICE OF APPEAL: 01/06/2006
201/23/2006 APPELLANT APPENDIX
301/26/2006 APPELLANT BRIEF (scanned)
401/27/2006 DISK NONCOMPLIANCE - ltr dtd 1-20-06 (ATB scanned)
502/23/2006 RECORD ON APPEAL
602/24/2006 APPELLEE BRIEF (e-filed)
702/24/2006 E-FILED BRIEF (AEB)
802/28/2006 Payment of $25 surcharge (Receipt #16775)
902/28/2006 Copies of AEB made
1003/10/2006 Letter dated 3-07-06 from Robert L. Johnson requesting waiver of oral argument
1103/16/2006 NO Separate ACTION TAKEN (AT motion to waive)
1203/16/2006 S.CT. DETERMINED ORAL ARGUMENT NOT NECESSARY
1304/17/2006 APPEARANCES: submitted on briefs under NDRAppP 34(a)(2)
1404/17/2006 ARGUED: submitted on briefs under NDRAppP 34(a)(2)
1506/01/2006 DISPOSITION: AFFIRMED
1606/01/2006 UNANIMOUS OPINION: Sandstrom, Dale V.
1706/02/2006 Order/Judgment Mailed to Parties
1806/23/2006 MANDATE
1906/28/2006 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 11/27/2014