Eaton v. State

20100235 Clifford Scott Eaton, Petitioner and Appellant
v.
State of North Dakota, Respondent and Appellee

Appeal from: District Court, East Central Judicial District, Cass County
Judge Georgia Dawson
Nature of Action: Post-Conviction Relief
Counsel:
Appellant: Nicholas Dwight Thornton
Appellee: Tracy Jo Peters , Asst. State's Attorney
Term: 11/2010   Argument: 11/30/2010  2:45pm
ND cite: 2011 ND 35
NW cite: 793 N.W.2d 790

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
Whether the district court erred in entering its amended judgment denying Eaton post-conviction relief when the factual basis in the underlying criminal case, file number 09-04-K-01989, was insufficient to support the plea of guilty in that it failed to adequately set forth facts to establish that Eaton willfully possessed controlled substances with the intent to deliver them.

Appellee's Statement of the Issues:
The district court correctly denied the Defendant's post-conviction relief petition and correctly granted the State's motion for summary disposition because the factual basis was sufficient to support a knowing, voluntary, and intelligent plea of guilty under N.D.R.Crim.P. 11, for possession of methamphetamine with the intent to deliver.

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Docket entries:
107/22/2010 TRANSCRIPT DATED June 15, 2010 & C.O.S.
207/23/2010 NOTICE OF APPEAL: 07/21/2010
307/23/2010 ORDER FOR TRANSCRIPT: 07/21/2010
408/20/2010 ELECTRONIC RECORD ON APPEAL (entry nos. 1 - 47)
508/31/2010 Written consent of Monty Mertz/Nick Thornton & Clifford Eaton for Iam McLean rec'd.
608/31/2010 APPELLANT BRIEF (e-filed) PDF
708/31/2010 E-FILED BRIEF (ATB) PDF
808/31/2010 APPELLANT APPENDIX (e-filed) PDF
908/31/2010 E-FILED APPENDIX (ATA) PDF
1009/09/2010 Received 7 copies of ATB from Central Duplicating.
1109/09/2010 RECEIVED 6 COPIES OF ATA FROM CENTRAL DUPLICATING.
1209/24/2010 Filing fee paid 9-9-10 through inter-departmental billing
1309/30/2010 APPELLEE BRIEF (e-filed)
1409/30/2010 E-FILED BRIEF (AEB)
1509/30/2010 APPELLEE APPENDIX - PDF (e-filed)
1610/04/2010 Rec'd 7 copies of AEB from Central Duplicating.
1710/04/2010 Rec'd 6 copies of AEA from Central Duplicating.
1810/05/2010 Received $25 e-filing surcharge for AEB (Receipt #19995).
1910/07/2010 Written consent for 3rd year law student Taylor Olson to argue on behalf of State
2010/15/2010 REPLY BRIEF of Appellant (e-filed)
2110/15/2010 E-FILED BRIEF (RYB)
2210/18/2010 Rec'd 7 copies of RYB from CSD
2310/18/2010 NOTICE OF ORAL ARGUMENT SENT
2411/30/2010 APPEARANCES: Nicholas D. Thornton; Tracy Peters; Taylor Olson (3rd year law student)
2511/30/2010 ARGUED: Nicholas D. Thornton; Taylor Olson (3rd year law student)
2611/30/2010 ORAL ARGUMENT WEBCAST
2702/08/2011 DISPOSITION: AFFIRMED
2802/08/2011 UNANIMOUS OPINION: Kapsner, Carol Ronning
2903/03/2011 MANDATE
3003/15/2011 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
3106/03/2011 Notice from U.S. Supreme Court that Petition for Writ of Certiorari was filed & placed on docket
3210/10/2011 Notice from U.S. Supreme Court that Petition for Writ of Certiorari is denied

Generated from Supreme Court Docket on 11/25/2014