State v. Fischer

20060140

State of North Dakota, Plaintiff and Appellee
v.
Paul A. Fischer, Defendant and Appellant

Appeal from:

District Court, South Central Judicial District, Morton County
Judge Robert O. Wefald

Nature of Action:

Counsel:

Appellant:		Pro se
Appellee:		Brian David Grosinger , Asst. State's Attorney

Term:

11/2007 Argument: 11/05/2007 09:00am

ND cite:

2008 ND 32

NW cite:

744 N.W.2d 760

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Issues:

Appellant's Statement of the Issues:
I. Whether Fischer received "Effective Assistance of counsel to produce adversarial testing.
a. Whether Fischer received "Ineffective Assistance" of counsel, obstructing his Due Process Rights to procure a fair trial by jury.
II. Whether Fischer was forced to choose between ineffective assistance or self-representation and was the waiver valid.
a. Whether Fischer was forced to choose between unwilling counsel and self-representation as his only apparent means to secure trial.
III. Whether Fischer's Due Process rights were violated by not having access to the courts.
a. Whether Fischer's Due Process rights were violated by his inability to access legal materials and lengthy incarceration attributed to excessive bail bond required by the court.
b. Whether appointment of standby counsel fell short of acceptable access.
IV. Whether the State is deemed to have brought this case to trial in timely fashion.
a. Whether Fischer's Due Process rights were violated because the State did not bring this case to trial in a timely fashion.
V. Whether Fischer was afforded an impartial jury representing a fair cross section of the community in which he as tried.
a. Whether Fischer was tried by a jury of his peers that did not represent a fair cross section of the community of which the crime was alleged and in which he was tried.
VI. Whether Fischer's rights were violated by illegal search and seizure in violation of the 4th Amendment.
a. Whether the evidence offered was taken in violation of 4th Amendment rights and was it sufficient to convict.

Appellee's Statement of the Issues:
1. Whether there was ineffective assistance of counsel.
2. Whether the Defendant was prejudiced by delay.
3. Whether the Defendant is entitled to relief in regard to jury selection.
4. Whether the Trial Court erred in denying suppression.

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Docket entries:

1	05/10/2006	NOTICE OF APPEAL: 05/02/2006
2	05/10/2006	Copy of Order Denying Motion for Extension of time for Notice of Appeal and Quashing the Notice of
3	05/10/2006	Appeal Dated April 28, 2006, Signed by Judge Wefald on May 5, 2006
4	06/27/2006	Notice of Appeal on Order Denying Request for Transcript -- treated as a 2nd NOA
5	03/26/2007	RECORD ON APPEAL & separate #82 (PSI report)(Not rec'd: #72--Exhibits 1 and 3 through 31)
6	03/26/2007	TRANSCRIPTS DATED 1/24/05, 2/14/05, 10/18/05, 11/03/05, 11/22/05, 2/22-23/06, 3/3/06
7	03/26/2007	DISK-tra(1/24/05, 2/14/05, 10/18/05, 11/03/05, 11/22/05, 2/22&23/06, 3/3/06)
8	03/26/2007	Affidavit of Svc. of Transcripts dated 1/24/05,2/14/05,10/18/05,11/03/05,11/22/05,2/22&23/06,3/3/06
9	03/27/2007	Reset due date for Appellant's Brief as mandate in 20060153 was issued on 3-26-07
10	03/27/2007	ACTION BY CLERK (MAT/sua sponte). Granted: 05/07/2007
11	03/29/2007	Supplemental Clerk's Certificate dated 3-28-07 (Entry Nos. 111-116)
12	05/01/2007	MOT. EXT/TIME APPELLANT BRIEF
13	05/02/2007	ACTION BY CHIEF JUSTICE (MAT). Granted: 07/06/2007
14	06/22/2007	Request to stay the briefing schedule (letter dtd 6-20-07)
15	06/26/2007	ACTION BY SUPREME COURT (Request to stay briefing schedule). Denied
16	07/02/2007	TRANSCRIPTS DATED September 2, 2005 & February 22, 2006 (2 vols.)
17	07/02/2007	DISK- tra (9-2-05 & 2-22-06) (e-mailed)
18	07/03/2007	Proof of Service dated 7-2-07 of transcripts
19	07/03/2007	MOT. EXT/TIME APPELLANT BRIEF (letter dated 6-29-07 from Paul Fischer)
20	07/03/2007	ACTION BY CHIEF JUSTICE. Granted: 08/06/2007
21	07/17/2007	Letter dated 7-13-07 from Mr. Fisher re maintaining first appeal from conviction & sentencing
22	08/01/2007	MOT. EXT/TIME APPELLANT BRIEF (letter dated 7-31-07 from Paul Fischer)
23	08/01/2007	ACTION BY ACTING CHIEF JUSTICE (MAT). Granted: 08/16/2007
24	08/16/2007	APPELLANT BRIEF (Scanned)
25	08/16/2007	DISK NONCOMPLIANCE - ATB (included in ATB)
26	08/16/2007	APPELLANT APPENDIX
27	08/24/2007	Received copies of Table of Contents and letter stating appendix page 41 was omitted (mis-numbered)
28	09/14/2007	APPELLEE BRIEF
29	09/14/2007	DISK - AEB
30	09/24/2007	MOT. EXT/TIME REPLY BRIEF
31	09/24/2007	ACTION BY CLERK (Reply Brief). Granted: 10/16/2007
32	10/15/2007	REPLY BRIEF
33	10/16/2007	DISK NONCOMPLIANCE (RYB) (scanned)
34	10/17/2007	Table of Contents and Table of Authorities for RYB
35	11/05/2007	APPEARANCES: Paul A. Fischer, Pro se; Brian D. Grosinger, Asst. State's Attorney
36	11/05/2007	ARGUED: Fischer; Grosinger
37	11/05/2007	ORAL ARGUMENT WEBCAST
38	02/21/2008	DISPOSITION: AFFIRMED
39	02/21/2008	UNANIMOUS OPINION: VandeWalle, Gerald W.
40	02/25/2008	Judgment e-mailed to Parties
41	02/27/2008	Mot. Ext/Time Petition for Rehearing (Letter from Paul Fischer)
42	02/27/2008	ACTION BY CHIEF DEPUTY CLERK (Mot/Pet/Rehearing). Granted: 03/17/2008
43	03/18/2008	PETITION FOR REHEARING
44	03/18/2008	DISK NONCOMPLIANCE (PER)
45	04/17/2008	ACTION BY SUPREME COURT - PER. Denied
46	04/29/2008	MANDATE
47	05/05/2008	RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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