State v. Gress
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| 20110047 |
State of North Dakota, Plaintiff and Appellee
v.
Dale Allen Gress, Defendant and Appellant
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| Appeal from: |
District Court,
South Central Judicial District,
Burleigh County
Judge Bruce B. Haskell |
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Nature of Action: |
Assault
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| Counsel: |
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| Term: |
09/2011 Argument: 08/30/2011 09:30am
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| ND cite: |
2011 ND 233 2011 ND 193
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| NW cite: |
807 N.W.2d 567 803 N.W.2d 607
Listen to recording of oral argument
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| Issues: |
Appellant's Statement of the Issues:
1. Whether the trial court met due process standarst to consider the voluntaryness of Appellant's guilty plea?
2. Whether the trial court abused it's discretion in it's (order) entered denying petitioner's post conviction claim?
3. Whether there exist sufficient evidence to deny a constitutional claim of falty plea agreement as to it's knowingly, intelligently, and it's voluntaryness, when it was entered and accepted by the court and appellant?
Appellee's Statement of the Issues:
1.Whether, as an appeal in part from a motion pursuant to either Civil Rule of Procedure 60 and in part from a motion pursuant to Criminal Rule of Procedure 11, the court abused its discretion in denying Gress's motion to suspend sentence and
withdraw his guilty pleas?
2.Whether this Appeal is a misuse of process in view of Gress's failure to raise issues in this matter in a prior appeal from the criminal conviction or in his previous postconviction relief proceedings?
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| 1 | | 02/16/2011 | |
NOTICE OF APPEAL: 02/14/2011 |
| 2 | | 03/14/2011 | |
ELECTRONIC RECORD ON APPEAL |
| 3 | | 03/11/2011 | |
APPELLANT BRIEF |
| 4 | | 03/11/2011 | |
APPELLANT APPENDIX |
| 5 | | 03/11/2011 | |
DISK NONCOMPLIANCE |
| 6 | | 04/07/2011 | |
MOTION FOR Dismissal for Failure to Comply with Rules of Appellate Procedure |
| 7 | | 04/13/2011 | |
Court request Appellant to address whether appeal is a misuse of process |
| 8 | | 04/13/2011 | |
Due date for Appellee's brief stayed pending supplemental briefing |
| 9 | | 04/26/2011 | |
Supplemental Brief |
| 10 | | 05/04/2011 | |
ACTION BY SUPREME COURT (Mtn. to dismiss). Denied |
| 11 | | 05/06/2011 | |
MOT. EXT/TIME APPELLEE BRIEF (sua sponte) |
| 12 | | 05/06/2011 | |
ACTION BY CLERK. Granted: 06/10/2011 |
| 13 | | 06/09/2011 | |
MOT. EXT/TIME APPELLEE BRIEF |
| 14 | | 06/09/2011 | |
E-FILED MOTION (MAE) |
| 15 | | 06/10/2011 | |
ACTION BY CLERK. Granted: 06/16/2011 |
| 16 | | 06/16/2011 | |
APPELLEE BRIEF |
| 17 | | 06/16/2011 | |
DISK-AEB (E-MAILED) |
| 18 | | 07/18/2011 | |
NOTICE OF ORAL ARGUMENT SENT |
| 19 | | 07/22/2011 | |
Made 6 copies of ATA |
| 20 | | 08/11/2011 | |
Request to waive oral argument on behalf of the Appellee |
| 21 | | 08/12/2011 | |
ACTION BY SUPREME COURT (Request to waive oral argument denied). Denied |
| 22 | | 08/30/2011 | |
Clerk's office informed Appellant would not be transported |
| 23 | | 08/30/2011 | |
APPEARANCES: Appellant's waived under N.D.R.App.P. 34(e); Jacob T. Rodenbiker, Asst. State's Attny. |
| 24 | | 08/30/2011 | |
ARGUED: Rodenbiker |
| 25 | | 08/30/2011 | |
ORAL ARGUMENT WEBCAST |
| 26 | | 09/15/2011 | |
INTERIM DISPOSITION (REMANDED) |
| 27 | | 09/15/2011 | |
UNANIMOUS OPINION: Maring, Mary Muehlen |
| 28 | | 09/15/2011 | |
RETURN OF ROA TO DIST. CT. |
| 29 | | 09/20/2011 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 30 | | 09/21/2011 | |
Response on remand received from the Honorable Bruce B. Haskell |
| 31 | | 09/23/2011 | |
ELECTRONIC RECORD ON APPEAL (Entry Nos. 1 - 74) |
| 32 | | 10/21/2011 | |
MOTION FOR APPROPRIATE REMEDY |
| 33 | | 12/13/2011 | |
NO ACTION TAKEN (MOTION FOR APPROPRIATE REMEDY) |
| 34 | | 12/13/2011 | |
DISPOSITION: REVERSED AND REMANDED |
| 35 | | 12/13/2011 | |
SPLIT OPINION: Maring, Mary Muehlen |
| 36 | | 12/13/2011 | |
CONCURRING SPECIALLY: Sandstrom, Dale V.: CONCUR |
| 37 | | 12/14/2011 | |
Judgment Sent to Parties |
| 38 | | 01/04/2012 | |
MANDATE |