Tweed v. State
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| 20090171 |
Reginald Tweed, Petitioner and Appellant
v.
State of North Dakota, Respondent and Appellee
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| Appeal from: |
District Court,
East Central Judicial District,
Cass County
Judge Frank L. Racek |
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Nature of Action: |
Post-Conviction Relief
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| Counsel: |
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| Term: |
01/2010 Argument: 01/28/2010 09:30am
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| ND cite: |
2010 ND 38
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| NW cite: |
779 N.W.2d 667
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| Issues: |
Appellant's Statement of the Issues:
ISSUE I: David Sumner's admissions to Todd Suedel is evidence not previously presented and heard which requires vacation of the conviction in the interest of justice.
ISSUE II: Tweed's trial counsel failed to move for a new trial based upon the newly discovered evidence of David Sumner's admissions to Todd Suedel. This failure was the result of ineffective assistance of counsel and advice outside the range of
competence demanded of attorneys in a criminal case, in violation of the Sixth Amendment of the United States Constitution and even greater possible protection pursuant to Art. I. 12 of the North Dakota State Constitution.
Reply Brief Issues
ISSUE I: David Sumner's admissions to Todd Suedel is evidence not previously presented and heard which requires vacation of the conviction in the interest of justice.
ISSUE II: Tweed's trial counsel failed to move for a new trial based upon the newly discovered evidence of David Sumner's admissions to Todd Suedel. This failure was the result of ineffective assistance of counsel and advice outside the range of
competence demanded of attorneys in a criminal case, in violation of the Sixth Amendment of the United States Constitution and even greater possible protection pursuant to Art. I. 12 of the North Dakota State Constitution.
Appellee's Statement of the Issues:
I. David Sumner's admissions to Todd Suedel are not newly discovered evidence of the weight and quality that would probably produce an acquittal, and therefore cannot require a vacation of Reginald Tweed's conviction.
II. Trial counsel's strategic decision to file a timely appeal of Reginald Tweed's conviction and other strategic trial decisions cannot be construed as ineffective assistance of counsel.
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| 1 | | 06/08/2009 | |
NOTICE OF APPEAL: 06/04/2009 |
| 2 | | 06/08/2009 | |
ORDER FOR TRANSCRIPT: 06/04/2009 |
| 3 | | 06/16/2009 | |
TRANSCRIPT DATED February 4, 2009 & C.O.S. |
| 4 | | 06/16/2009 | |
DISK - tra dated 2-4-09 |
| 5 | | 07/07/2009 | |
RECORD ON APPEAL & separates (Nos. 21-exhibit & 23-Trans. dated 2-4-09) (Not rec'd: #18-tape) |
| 6 | | 07/23/2009 | |
MOT. EXT/TIME APPELLANT BRIEF (e-filed) |
| 7 | | 07/23/2009 | |
E-FILED MOTION (MAT) |
| 8 | | 07/24/2009 | |
ACTION BY CHIEF JUSTICE (MAT). Granted: 09/25/2009 |
| 9 | | 07/28/2009 | |
RECORD ON APPEAL for 91-K-140 - the underlying criminal case (incl. sep. nos. 76 & 116 tras & |
| 10 | | 07/28/2009 | |
not rec'd were entry nos. 77-89, & 92-94-exhibits) |
| 11 | | 09/25/2009 | |
APPELLANT BRIEF (e-filed) |
| 12 | | 09/25/2009 | |
E-FILED BRIEF (ATB) |
| 13 | | 09/25/2009 | |
APPELLANT APPENDIX (e-filed) |
| 14 | | 09/25/2009 | |
E-FILED APPENDIX (ATA) |
| 15 | | 09/29/2009 | |
Received $25 surcharge for ATB (Receipt #19012) |
| 16 | | 10/02/2009 | |
Received 6 copies of ATA from Central Duplicating. |
| 17 | | 10/06/2009 | |
Received 7 copies of ATB from Central Duplicating. |
| 18 | | 10/20/2009 | |
MOT. EXT/TIME APPELLEE BRIEF & Affidavit/Support (e-filed) |
| 19 | | 10/20/2009 | |
E-FILED MOTION (MAE) |
| 20 | | 10/20/2009 | |
ACTION BY CLERK. Granted: 11/24/2009 |
| 21 | | 11/24/2009 | |
APPELLEE BRIEF (e-filed) |
| 22 | | 11/24/2009 | |
E-FILED BRIEF (AEB) |
| 23 | | 11/30/2009 | |
Consent from Mark Boening for 3rd yr Law Student Jennifer Cook to appear for State |
| 24 | | 12/02/2009 | |
Received $25 surcharge for AEB (Receipt #19251) |
| 25 | | 12/07/2009 | |
Received 7 copies of AEB from Central Duplicating |
| 26 | | 12/14/2009 | |
MOT. EXT/TIME REPLY BRIEF |
| 27 | | 12/14/2009 | |
E-FILED MOTION (MRY) |
| 28 | | 12/14/2009 | |
ACTION BY CLERK (extended to 4 p.m. on 12-23-09). Granted: 12/23/2009 |
| 29 | | 12/22/2009 | |
NOTICE OF ORAL ARGUMENT SENT |
| 30 | | 12/23/2009 | |
REPLY BRIEF of Appellant (e-filed) |
| 31 | | 12/23/2009 | |
E-FILED BRIEF (RYB) |
| 32 | | 12/27/2009 | |
Request for Radio/TV Coverage (Associated Press) approved |
| 33 | | 12/28/2009 | |
Received 7 copies of RYB from CSD |
| 34 | | 01/15/2010 | |
Request for Radio/TV Coverage approved (ND Public Radio) |
| 35 | | 01/28/2010 | |
APPEARANCES: Chad R. McCabe/Mark R. Boening, Asst. State's Atty. & Jennifer Cook, 3rd yr law studen |
| 36 | | 01/28/2010 | |
ARGUED: McCabe/Cook |
| 37 | | 01/28/2010 | |
ORAL ARGUMENT WEBCAST |
| 38 | | 03/08/2010 | |
MOTION FOR Stay of Appeal and Remand to District Court |
| 39 | | 03/08/2010 | |
E-FILED MOTION (Motion for Stay and Remand) |
| 40 | | 03/10/2010 | |
ACTION BY SUPREME COURT. Denied |
| 41 | | 03/16/2010 | |
DISPOSITION: AFFIRMED |
| 42 | | 03/16/2010 | |
UNANIMOUS OPINION: Kapsner, Carol Ronning |
| 43 | | 03/16/2010 | |
(CONCUR IN THE RESULT): Crothers, Daniel John: CON/RES |
| 44 | | 03/16/2010 | |
(CONCUR IN THE RESULT): Maring, Mary Muehlen: CON/RES |
| 45 | | 03/25/2010 | |
PETITION FOR REHEARING |
| 46 | | 03/25/2010 | |
DISK NONCOMPLIANCE-PER |
| 47 | | 04/06/2010 | |
ACTION BY SUPREME COURT (PER). Denied |
| 48 | | 04/22/2010 | |
MANDATE |
| 49 | | 04/26/2010 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |