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|
|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.
|Add Docket 20060010 RSS|
|1||01/10/2006 NOTICE OF APPEAL: 01/06/2006|
|2||01/23/2006 APPELLANT APPENDIX|
|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)|
|15||06/01/2006 DISPOSITION: AFFIRMED|
|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|