Palmer v. State

20110344 Mark Christian Palmer, Petitioner and Appellant
v.
State of North Dakota, Respondent and Appellee

Appeal from: District Court, Northeast Judicial District, McHenry County
Judge John C. McClintock, Jr.
Nature of Action: Post-Conviction Relief
Counsel:
Appellant: Russell John Myhre
Appellee: Marie Ann Miller , State's Attorney
Appellant: Pro se
Term: 04/2012   Argument: 04/05/2012  9:30am
ND cite: 2012 ND 237 2012 ND 98
NW cite: 824 N.W.2d 406 816 N.W.2d 807

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Issues: Appellant's Statement of the Issues:
[1] Whether the trial court abused its discretion in denying the Petitioner's Motion for Relief (hereinafter "Palmer") from Judgment pursuant to Rule 60, NDRCivP, wherein the attorney for the Petitioner failed to enter a response to the State's Motion to Dismiss and failed move the trial court for a continuance or extension of time after being appointed upon a pro se Application for Post-Conviction Relief; the trial court entered a Memorandum Opinion and Order Denying Petitioner's Application for Post-Conviction Relief; and the Petitioner's attorney claimed mistake, inadvertence, and/or excusable neglect for such failure because the attorney's spouse was diagnosed with advanced liver cancer and died during the time period contemporaneous to the said failures, creating "extreme duress" for the attorney and causing her to believe she had taken those actions, when in fact she had not.

Appellee's Statement of the Issues:
I. Whether the trial court abused its discretion in denying Mark Palmer's Motion for Relief from Judgment.

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Docket entries:
112/05/2011 NOTICE OF APPEAL: 12/01/2011
212/06/2011 ----CONSOLIDATED w/20110346, 20110347 & 20110348----
301/04/2012 Electronic RECORD ON APPEAL dated January 3, 2012 (entry nos. 1 - 128) (no entry nos.93,110 & 127)
401/20/2012 S.Ct. Not. of Dismissal/Failure to Proceed. RspDue: 01/30/2012
501/24/2012 NO ACTION TAKEN (MSN)
601/24/2012 MOT. EXT/TIME APPELLANT BRIEF
701/24/2012 E-FILED MOTION (Mot/Ext/ATB)
801/25/2012 ACTION BY CHIEF DEPUTY CLERK. Granted: 02/09/2012
901/30/2012 APPELLANT BRIEF
1001/30/2012 E-FILED BRIEF
1101/30/2012 APPELLANT APPENDIX
1201/30/2012 E-FILED APPENDIX
1302/02/2012 Rec'd $25 ATB e-file surcharge (receipt no. 20856).
1402/10/2012 Rec'd ATB & ATA corrections.
1502/13/2012 Rec'd 7 copies ATB from Central Duplicating.
1602/13/2012 Rec'd 6 copies ATA from Central Duplicating.
1702/28/2012 APPELLEE BRIEF
1802/28/2012 E-FILED BRIEF
1902/29/2012 Received $25 surcharge for AEB (Receipt #20897)
2003/01/2012 Received 7 copies of AEB from CSD
2103/14/2012 NOTICE OF ORAL ARGUMENT SENT
2204/05/2012 APPEARANCES: Russell Myhre/Marie Roller, State's Attny.
2304/05/2012 ARGUED: Myhre/Roller
2404/05/2012 ORAL ARGUMENT WEBCAST
2505/17/2012 INTERIM DISPOSITION (REMANDED)
2605/17/2012 SPLIT OPINION: Crothers, Daniel John
2705/17/2012 Dissenting: Sandstrom, Dale V.: DISSENT
2805/17/2012 Remanded to District Court
2910/05/2012 Trial Court Memorandum Opinion After Remand
3010/09/2012 ELEC. SUPP. RECORD ON APPEAL DATED October 8, 2012 (ENTRY NOS.129-153)
3111/27/2012 DISPOSITION: AFFIRMED
3211/27/2012 SPLIT OPINION: Crothers, Daniel John
3311/27/2012 (CONCURRING IN THE RESULT): VandeWalle, Gerald W.: CON/RES
3411/27/2012 (CONCURRING SPECIALLY): Sandstrom, Dale V.: CONCUR
3511/28/2012 Judgment Sent to Parties
3612/07/2012 PETITION FOR REHEARING and Addendum
3712/17/2012 DISK NONCOMPLIANCE (scanned)
3812/18/2012 ACTION BY SUPREME COURT - Denied Petition for Rehearing. Denied
3901/03/2013 MANDATE

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