Clark v. State

20080122 Larry Clark, Petitioner and Appellant
v.
State of North Dakota, Respondent and Appellee

Appeal from: District Court, South Central Judicial District, McLean County
Judge Gail Hagerty
Nature of Action: Post-Conviction Relief
Counsel:
Appellant: Kent M. Morrow
Appellee: Ladd Ronald Erickson , State's Attorney
Term: 10/2008   Argument: 10/13/2008  Waived
ND cite: 2008 ND 234
NW cite: 758 N.W.2d 900


Issues: Appellant's Statement of the Issues:
1.Did trial counsel provide Clark with ineffective assistance of counsel?
2.Did the trial court err in failing to provide Clark with an opportunity for an evidentiary hearing on his application for post-conviction relief?

Appellee's Statement of the Issues:
The trial court was correct in dismissing the petition without a hearing.

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Docket entries:
105/22/2008 NOTICE OF APPEAL: 05/20/2008
205/22/2008 ANNOUNCED DISQUALIFICATION: Sandstrom, Dale V.
305/23/2008 AMENDED NOTICE OF APPEAL
405/28/2008 Received corrected amended notice of appeal.
506/17/2008 MOT. EXT/TIME APPELLANT BRIEF (E-filed)
606/17/2008 E-FILED MOTION (Mot/Ext/ATB)
706/17/2008 ACTION BY CLERK (Mot/Ext/ATB). Granted: 07/30/2008
806/19/2008 RECORD ON APPEAL and Separate Nos. 10 (State's Response to Request for Discovery),
906/19/2008 32 (Victim Impact Statement & Presentence Investigation Report), 53 (Transcript dated 7-21-03),
1006/19/2008 54 (Transcript dated May 13-14, 2003 -- two volumes), & 75 (Defendant's Exhibit A-photo).
1106/19/2008 Not received was Entry No. 27-Defendant's Exhibit #1 - Aerial Photo.
1207/29/2008 APPELLANT BRIEF
1307/29/2008 APPELLANT APPENDIX
1408/04/2008 Corrected covers for ATB & ATA, corrected TOA & pages 2, 3, 13, & 14 for ATB and corrected
1508/04/2008 TOC and pages 12, 13, 14, 37, 38, and 39 for ATA
1608/04/2008 DISK - atb (e-mailed)
1708/07/2008 CERTIFICATE OF SERVICE OF ATB & ATA
1808/07/2008 COPIES OF NOA (5/20/08) FOR ATA.
1908/27/2008 APPELLEE BRIEF
2008/27/2008 Request to waive oral argument by Appellee
2108/28/2008 DISK-AEB
2209/23/2008 ACTION BY SUPREME COURT (waiver of argument by Appellee). Granted
2309/26/2008 SITTING WITH THE COURT: Anderson, Zane
2409/26/2008 Request to waive oral argument on behalf of Appellant
2509/26/2008 ACTION BY SUPREME COURT (request to waive on behalf of Appellant). Granted
2610/13/2008 APPEARANCES: waived under NDRAppP 34(f)
2710/13/2008 ARGUED: waived under NDRAppP 34(f)
2812/18/2008 DISPOSITION: AFFIRMED
2912/18/2008 UNANIMOUS OPINION: VandeWalle, Gerald W.
3012/18/2008 Judgment e-mailed to Parties
3101/12/2009 MANDATE
3201/14/2009 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 10/30/2014