Roth v. State

20060241

Todd Roth, Petitioner and Appellant
v.
State of North Dakota, Respondent and Appellee

Appeal from:

District Court, South Central Judicial District, Burleigh County
Judge Thomas J. Schneider

Nature of Action:

Counsel:

Appellant:		Brian W. Nelson & Associates
Appellee:		Cynthia Mae Feland , Asst. State's Attorney

Term:

02/2007 Argument: 02/20/2007 02:45pm

ND cite:

2007 ND 112

NW cite:

735 N.W.2d 882

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Issues:

Appellant's Statement of the Issues:
I. Whether the trial court erred in its findings that Roth failed to establish that his counsel was ineffective by not raising the issue of lack of probable cause to support a nighttime search.

Appellee's Statement of the Issues:
Whether the District Court erred in denying defendant's application for post conviction relief by concluding that there was probable cause for the issuance of a nighttime search warrant.

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Docket entries:

1	09/13/2006	NOTICE OF APPEAL: 09/11/2006
2	10/12/2006	MOT. EXT/TIME APPELLANT BRIEF
3	10/12/2006	ACTION BY CLERK. Granted: 11/21/2006
4	11/15/2006	MOT. EXT/TIME APPELLANT BRIEF
5	11/15/2006	E-FILED MOTION (MAT)(by fax)
6	11/15/2006	ACTION BY CHIEF JUSTICE (MAT). Granted: 12/21/2006
7	12/19/2006	MOT. EXT/TIME APPELLANT BRIEF (Faxed letter from Joe Johnson)
8	12/19/2006	E-FILED MOTION (MAT) (by fax)
9	12/19/2006	ACTION BY CHIEF JUSTICE (MAT). Granted: 12/27/2006
10	12/21/2006	APPELLANT BRIEF
11	12/21/2006	APPELLANT APPENDIX
12	12/22/2006	DISK - ATB
13	12/26/2006	RECORD ON APPEAL including Separates (Entry Nos. 20 & 65). Not rec's was Entry No. 59 (CR Notes).
14	01/25/2007	APPELLEE BRIEF
15	01/25/2007	DISK - aeb (e-mailed)
16	02/20/2007	APPEARANCES: Joe A. Johnson, Todd Roth; Cynthia M. Feland
17	02/20/2007	ARGUED: Johnson; Feland
18	02/20/2007	ORAL ARGUMENT WEBCAST
19	07/25/2007	DISPOSITION: AFFIRMED
20	07/25/2007	SPLIT OPINION: VandeWalle, Gerald W.
21	07/25/2007	(CONCUR OR DISSENT): Maring, Mary Muehlen: DISSENT
22	07/26/2007	Judgment e-mailed to Parties
23	08/16/2007	MANDATE
24	08/20/2007	RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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