Odom v. State

20090248 Charles Odom, Petitioner and Appellant
v.
State of North Dakota, Respondent and Appellee

Appeal from: District Court, South Central Judicial District, Burleigh County
Judge Sonna M. Anderson
Nature of Action: Post-Conviction Relief
Counsel:
Appellant: Mark Taylor Blumer
Appellee: Julie Ann Lawyer , Spec. Asst. State's Atty.
Term: 01/2010   Argument: 01/28/2010  10:30am
ND cite: 2010 ND 65
NW cite: 780 N.W.2d 666

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Issues: Appellant's Statement of the Issues:
1 The Trial Court erred in its findings that Odom failed to establish that his counsel were ineffective for not requesting a transcript of the probable cause hearing for the criminal complaint and arrest warrant

Appellee's Statement of the Issues:
Whether Odom received effective assistance of counsel.

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Docket entries:
108/27/2009 NOTICE OF APPEAL: 08/25/2009
208/27/2009 ORDER FOR TRANSCRIPT: 08/25/2009
308/27/2009 This case is consolidated w/20090249. Make all docket entries, except DIS & MAN codes,in this case
409/14/2009 Mark Blumer has been Appointed counsel for Appellant Charles Odom
510/13/2009 TRANSCRIPTS DATED MAY 13, 2009 & MAY 14, 2009 & C.O.S.
610/13/2009 DISK-tra (5/13/09 & 5/14/09)
710/15/2009 RECORD ON APPEAL & Separate Nos. 45--trans. dated 4-25-05 & 46--Tran. dated 1-23-06 (not rec'd:
810/15/2009 #23--court reporter notes)
910/30/2009 Unredacted document Nos. 4, 5, 24, 28, 38, 44, 48, 56, & 57 for the ROA
1011/23/2009 MOT. EXT/TIME APPELLANT BRIEF (e-mailed)
1111/23/2009 E-FILED MOTION (MAT)
1211/23/2009 ACTION BY CHIEF DEPUTY CLERK (MAT). Granted: 11/30/2009
1311/30/2009 APPELLANT BRIEF (E-filed) (Corrected ATB filed 1-4-10)
1411/30/2009 E-FILED BRIEF (ATB)
1511/30/2009 APPELLANT APPENDIX (E-filed)
1611/30/2009 E-FILED APPENDIX (ATA)
1711/30/2009 Received $25 surcharge for ATB (Receipt #19249)
1812/07/2009 Received 7 copies of ATB from CSD
1912/07/2009 Received 6 copies of ATA from CSD
2012/22/2009 NOTICE OF ORAL ARGUMENT SENT
2112/30/2009 MOT. EXT/TIME APPELLEE BRIEF (e-filed)
2212/30/2009 E-FILED MOTION (MAE)
2312/30/2009 ACTION BY CLERK (MAE). Granted: 01/06/2010
2401/04/2010 CORRECTED APPELLANT BRIEF (E-FILED)
2501/04/2010 E-FILED BRIEF (CORRECTED ATB)
2601/06/2010 APPELLEE BRIEF
2701/06/2010 DISK-AEB (E-MAILED)
2801/08/2010 Received 7 copies of Corrected Appellant's Brief from Central Duplicating.
2901/14/2010 Received corrected page 13, for ATB (replaced & distributed page)
3001/28/2010 APPEARANCES: Mark T. Blumer/Julie A. Lawyer, Spec. Asst. State's Atty.
3101/28/2010 ARGUED: Blumer/Lawyer
3201/28/2010 ORAL ARGUMENT WEBCAST
3304/06/2010 DISPOSITION: AFFIRMED
3404/06/2010 UNANIMOUS OPINION: Sandstrom, Dale V.
3504/07/2010 Judgment Sent to Parties
3604/12/2010 PETITION FOR REHEARING
3704/12/2010 E-FILED BRIEF - PER
3804/15/2010 Received 7 copies of PER from CSD
3905/11/2010 ACTION BY SUPREME COURT (PER). Denied
4005/21/2010 MANDATE
4105/25/2010 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
4207/07/2010 Letter from U.S. Supreme Court re: Petition for Writ of Certiorari was filed 6-25-10
4310/07/2010 Letter from U.S. Supreme Court RE: Pet/Writ/Certiorari is denied

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