Myers v. State
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| 20080186 |
Daniel J. Myers, 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
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| Counsel: |
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| Term: |
11/2008 Argument: 11/06/2008 10:45am
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| ND cite: |
2009 ND 13
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| NW cite: |
760 N.W.2d 362
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| Issues: |
Appellant's Statement of the Issues:
I. Whether Mr. Myers's trial counsel was plainly deficient for failing to challenge the defective March 2003 search warrants?
II. Whether Mr. Myers suffered violations of due process and the right to effective assistance of counsel after standing trial for an offense that he had never actually been charged with?
Appellee's Statement of the Issues:
I. Trial counsel was not defective in failing to challenge the validity of the search warrant
II. Probable Cause existed to support the issuance of a search warrant.
III. An ineffective assistance of counsel claim cannot be established absent a showing of actual prejudice.
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| 1 | | 07/28/2008 | |
NOTICE OF APPEAL: 07/24/2008 |
| 2 | | 07/28/2008 | |
ORDER FOR TRANSCRIPT: 07/24/2008 |
| 3 | | 08/13/2008 | |
RECORD ON APPEAL & Exhibits (Not rec'd: 131-Instructions to Jury; 133-tapes;135A--Pre-Sentence |
| 4 | | 08/13/2008 | |
Investigation Rept; 158--Transcript; 159--Transcriopt; 184--transcript; & 185--transcript) |
| 5 | | 08/14/2008 | |
Supplemental Clerk's Certificate dated 8-13-08 (Entry Nos. 131, 135A, 158, 159, 184, & 185) |
| 6 | | 08/26/2008 | |
TRANSCRIPT DATED JUNE 11, 2008 |
| 7 | | 10/06/2008 | |
APPELLANT BRIEF (e-filed) |
| 8 | | 10/06/2008 | |
E-FILED BRIEF (ATB) |
| 9 | | 10/06/2008 | |
APPELLANT APPENDIX (E-filed) |
| 10 | | 10/06/2008 | |
E-FILED APPENDIX (ATA) |
| 11 | | 10/07/2008 | |
Received $25 surcharge (Receipt #18270) |
| 12 | | 10/09/2008 | |
Received copies of ATB from Central Duplicating |
| 13 | | 10/09/2008 | |
Received copies of Appellant Appendix from Central Duplicating |
| 14 | | 10/17/2008 | |
APPELLEE BRIEF |
| 15 | | 10/17/2008 | |
DISK (AEB) (e-mailed) |
| 16 | | 10/29/2008 | |
Letter request to transport Mr. Myers, appellant, to oral argument by counsel for appellant |
| 17 | | 10/29/2008 | |
E-FILED MOTION (faxed ltr requesting transport) |
| 18 | | 10/30/2008 | |
ACTION BY CHIEF JUSTICE (ltr request to transport). Denied |
| 19 | | 11/03/2008 | |
REPLY BRIEF |
| 20 | | 11/03/2008 | |
E-FILED BRIEF |
| 21 | | 11/03/2008 | |
Copies of Reply Brief made in office |
| 22 | | 11/06/2008 | |
APPEARANCES: Justin J, Vinje; Cynthia M. Feland |
| 23 | | 11/06/2008 | |
ARGUED:Vinje; Feland |
| 24 | | 11/06/2008 | |
ORAL ARGUMENT WEBCAST |
| 25 | | 02/03/2009 | |
DISPOSITION: AFFIRMED |
| 26 | | 02/03/2009 | |
UNANIMOUS OPINION: VandeWalle, Gerald W. |
| 27 | | 02/05/2009 | |
Order/Judgment E-Mailed to Parties |
| 28 | | 02/19/2009 | |
PETITION FOR REHEARING (e-filed) |
| 29 | | 02/19/2009 | |
E-FILED BRIEF (Pet/Rehearing) |
| 30 | | 02/23/2009 | |
Received 7 copies of PER from Central Duplicating |
| 31 | | 04/02/2009 | |
ACTION BY SUPREME COURT (Pet/Rehearing). Denied |
| 32 | | 04/21/2009 | |
MANDATE |
| 33 | | 04/24/2009 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |