Patten v. State

20070144 Lance Patten, Petitioner and Appellant
v.
State of North Dakota, Respondent and Appellee

Appeal from: District Court, South Central Judicial District, Burleigh County
Judge Bruce B. Haskell
Nature of Action: Post-Conviction Relief
Counsel:
Appellant: Susan Schmidt
Appellee: Cynthia Mae Feland , Asst. State's Attorney
Term: 11/2007   Argument: 11/02/2007  9:00am
ND cite: 2008 ND 29
NW cite: 745 N.W.2d 626

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Issues: Appellant's Statement of the Issues:
1. Did Lance Patten receive ineffective assistance of counsel in 2002 when he plead guilty to the charges of Reckless Endangerment, a Class C Felony; Disorderly Conduct, a Class B Misdemeanor; Preventing Arrest or Discharge of Duties, a Class C Felony; Fleeing, a Class A Misdemeanor; two counts of Contact with Bodily Fluids, Class C Felonies and; Reckless Driving, a Class B Misdemeanor ?
2. Should Lance Patten be allowed to withdraw his guilty pleas and enter not guilty pleas to the charges against him?
3. Should Lance Patten be found not guilty by reason of insanity for the crimes when a psychological evaluation determined that he was not criminally responsible for the offenses due to his mental condition?

Appellee's Statement of the Issues:
I. Is it ineffective assistance of counsel to allow a client who is trial competent and wants to plead guilty to enter a guilty plea?
II. Is it manifestly unjust to deny a withdrawal of a guilty plea which was knowingly and voluntarily entered, so that one may assert a defense which was knowingly forfeited?

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Docket entries:
105/25/2007 NOTICE OF APPEAL: 05/22/2007
205/25/2007 ORDER FOR TRANSCRIPT: 05/22/2007
307/02/2007 RECORD ON APPEAL & separates 12, 13, 33, 56, 61 & 62 (Not rec'd: #47--Ct. Rptr. Tape)
407/05/2007 Transcripts dated 1/9/04, 12/20/06 and 5/18/07
507/05/2007 DISK - TRAs dated 1-9-04, 12-20-07 & 5-18-07
607/05/2007 Lisa Schmidt's Affadavit dated 7/5/07 stating she is unable to transcribe the 9/29/03 hearing.
707/10/2007 Court Reporter's Certificate of Service of Affadavit
808/14/2007 APPELLANT BRIEF
908/14/2007 E-FILED BRIEF
1008/14/2007 APPELLANT APPENDIX (in pdf)
1108/14/2007 E-FILED APPENDIX (in pdf)
1208/21/2007 Received $133 for efiling surcharge (receipt no. 17661)
1308/27/2007 Received copies of ATB from Central Duplicating Services
1408/27/2007 Received copies of ATA from Central Duplicating
1509/07/2007 APPELLEE BRIEF
1609/07/2007 APPELLEE APPENDIX
1709/07/2007 DISK - aeb (e-mailed)
1810/04/2007 Written consent for Matthew Ramage-White to appear in this case
1911/02/2007 APPEARANCES: Susan Schmidt; Cynthia M. Feland, Asst. State's Attorney
2011/02/2007 ARGUED: Schmidt; Feland
2111/02/2007 ORAL ARGUMENT WEBCAST
2202/21/2008 DISPOSITION: AFFIRMED
2302/21/2008 UNANIMOUS OPINION: Crothers, Daniel John
2402/22/2008 Order/Judgment E-Mailed to Parties
2503/14/2008 MANDATE
2603/24/2008 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 04/18/2014