Wong v. State

20110088 Alman Andrew Wong, Petitioner and Appellant
v.
State of North Dakota, Respondent and Appellee

Appeal from: District Court, South Central Judicial District, Morton County
Judge Bruce B. Haskell
Nature of Action: Post-Conviction Relief
Counsel:
Appellant: Benjamin C. Pulkrabek
Appellee: Brian David Grosinger , Asst. State's Attorney
Term: 09/2011   Argument: 09/08/2011  9:30am
ND cite: 2011 ND 201
NW cite: 804 N.W.2d 382

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
[1] At the Judgment and Sentence of Defendant/Appellant, Alman Andrew Wong on December 16, 2009, should Mr. Wong's incapacity, because of a mental disease and NDCC 12.1-04-04, have prevented the trial judge from sentencing Mr. Wong?
[2] Was counsel for Defendant/Appellant, Alman Andrew Wong ineffective in his assistance of counsel because he knew of Mr. Wong's mental disease but did not:
1. Require the trial court's ordered evaluations of Mr. Wong's Motions to determine his competence and criminal responsibility be completed before Mr. Wong was sentenced.
2. Stop the sentencing proceeding because of Mr. Wong's mental disease.
3. After sentencing make a motion to have the judgment and sentence vacated because of Mr. Wong's mental disease.

Appellee's Statement of the Issues:
I: Whether the Trial Court erred at the sentencing stage of the criminal proceeding; and if this issue is appealable because it was not pled in the petition for post-conviction relief.
II: Whether there was ineffective assistance of counsel.

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Docket entries:
104/05/2011 NOTICE OF APPEAL: 04/01/2011
204/05/2011 ORDER FOR TRANSCRIPT: 04/01/2011
304/27/2011 RECORD ON APPEAL & Separate Nos. 28, 29, & 30 (Not rec'd were Exhibits attached to #61)
405/10/2011 1st Supplemental Clerk's Certificate of Record dated 5/18/11 (Entry No. 61 - Exhibits 1 & 2).
505/17/2011 TRANSCRIPT DATED March 16, 2011 & C.O.S.
605/17/2011 DISK - tra (3/16/11) (e-mailed)
706/02/2011 APPELLANT BRIEF (e-filed)
806/02/2011 E-FILED BRIEF (ATB)
906/02/2011 APPELLANT APPENDIX (e-filed)
1006/02/2011 E-FILED APPENDIX (ATA)
1106/02/2011 Received $25 surcharge for ATB (Receipt #20341)
1206/06/2011 Received 7 copies of ATB from CSD
1306/06/2011 Received 6 copies of ATA from CSD
1407/01/2011 APPELLEE BRIEF
1507/01/2011 DISK - AEB (CD)
1607/19/2011 NOTICE OF ORAL ARGUMENT SENT
1709/08/2011 APPEARANCES: Benjamin C. Pulkrabek; Brian D. Grosinger
1809/08/2011 ARGUED: Benjamin C. Pulkrabek; Brian D. Grosinger
1909/08/2011 ORAL ARGUMENT WEBCAST
2010/18/2011 DISPOSITION: AFFIRMED
2110/18/2011 UNANIMOUS OPINION: VandeWalle, Gerald W.
2210/19/2011 Judgment Sent to Parties
2310/28/2011 PETITION FOR REHEARING (e-filed)
2410/28/2011 E-FILED BRIEF (PER)
2510/31/2011 Received 7 copies of RYB from CSD
2611/15/2011 ACTION BY SUPREME COURT - PER. Denied: 11/15/2011
2711/28/2011 MANDATE
2812/01/2011 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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