Palmer v. State
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| 20110344 |
Mark Christian Palmer, Petitioner and Appellant
v.
State of North Dakota, Respondent and Appellee
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| Appeal from: |
District Court,
Northeast Judicial District,
McHenry County
Judge John C. McClintock, Jr. |
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Nature of Action: |
Post-Conviction Relief
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| Counsel: |
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| Term: |
04/2012 Argument: 04/05/2012 09:30am
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| ND cite: |
2012 ND 237 2012 ND 98
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| NW cite: |
824 N.W.2d 406 816 N.W.2d 807
Listen to recording of oral argument
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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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| 1 | | 12/05/2011 | |
NOTICE OF APPEAL: 12/01/2011 |
| 2 | | 12/06/2011 | |
----CONSOLIDATED w/20110346, 20110347 & 20110348---- |
| 3 | | 01/04/2012 | |
Electronic RECORD ON APPEAL dated January 3, 2012 (entry nos. 1 - 128) (no entry nos.93,110 & 127) |
| 4 | | 01/20/2012 | |
S.Ct. Not. of Dismissal/Failure to Proceed. RspDue: 01/30/2012 |
| 5 | | 01/24/2012 | |
NO ACTION TAKEN (MSN) |
| 6 | | 01/24/2012 | |
MOT. EXT/TIME APPELLANT BRIEF |
| 7 | | 01/24/2012 | |
E-FILED MOTION (Mot/Ext/ATB) |
| 8 | | 01/25/2012 | |
ACTION BY CHIEF DEPUTY CLERK. Granted: 02/09/2012 |
| 9 | | 01/30/2012 | |
APPELLANT BRIEF |
| 10 | | 01/30/2012 | |
E-FILED BRIEF |
| 11 | | 01/30/2012 | |
APPELLANT APPENDIX |
| 12 | | 01/30/2012 | |
E-FILED APPENDIX |
| 13 | | 02/02/2012 | |
Rec'd $25 ATB e-file surcharge (receipt no. 20856). |
| 14 | | 02/10/2012 | |
Rec'd ATB & ATA corrections. |
| 15 | | 02/13/2012 | |
Rec'd 7 copies ATB from Central Duplicating. |
| 16 | | 02/13/2012 | |
Rec'd 6 copies ATA from Central Duplicating. |
| 17 | | 02/28/2012 | |
APPELLEE BRIEF |
| 18 | | 02/28/2012 | |
E-FILED BRIEF |
| 19 | | 02/29/2012 | |
Received $25 surcharge for AEB (Receipt #20897) |
| 20 | | 03/01/2012 | |
Received 7 copies of AEB from CSD |
| 21 | | 03/14/2012 | |
NOTICE OF ORAL ARGUMENT SENT |
| 22 | | 04/05/2012 | |
APPEARANCES: Russell Myhre/Marie Roller, State's Attny. |
| 23 | | 04/05/2012 | |
ARGUED: Myhre/Roller |
| 24 | | 04/05/2012 | |
ORAL ARGUMENT WEBCAST |
| 25 | | 05/17/2012 | |
INTERIM DISPOSITION (REMANDED) |
| 26 | | 05/17/2012 | |
SPLIT OPINION: Crothers, Daniel John |
| 27 | | 05/17/2012 | |
Dissenting: Sandstrom, Dale V.: DISSENT |
| 28 | | 05/17/2012 | |
Remanded to District Court |
| 29 | | 10/05/2012 | |
Trial Court Memorandum Opinion After Remand |
| 30 | | 10/09/2012 | |
ELEC. SUPP. RECORD ON APPEAL DATED October 8, 2012 (ENTRY NOS.129-153) |
| 31 | | 11/27/2012 | |
DISPOSITION: AFFIRMED |
| 32 | | 11/27/2012 | |
SPLIT OPINION: Crothers, Daniel John |
| 33 | | 11/27/2012 | |
(CONCURRING IN THE RESULT): VandeWalle, Gerald W.: CON/RES |
| 34 | | 11/27/2012 | |
(CONCURRING SPECIALLY): Sandstrom, Dale V.: CONCUR |
| 35 | | 11/28/2012 | |
Judgment Sent to Parties |
| 36 | | 12/07/2012 | |
PETITION FOR REHEARING and Addendum |
| 37 | | 12/17/2012 | |
DISK NONCOMPLIANCE (scanned) |
| 38 | | 12/18/2012 | |
ACTION BY SUPREME COURT - Denied Petition for Rehearing. Denied |
| 39 | | 01/03/2013 | |
MANDATE |