Poitra v. State
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| 20120283 |
Joshua Poitra, Petitioner and Appellant
v.
State of North Dakota, Respondent and Appellee
|
| Appeal from: |
District Court,
East Central Judicial District,
Cass County
Judge Lisa K. Fair McEvers |
|
Nature of Action: |
Post-Conviction Relief
|
| Counsel: |
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| Term: |
12/2012 Argument: 12/20/2012 04:00pm
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| ND cite: |
2013 ND 5
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| NW cite: |
828 N.W.2d 546
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| Issues: |
Appellant's Statement of the Issues:
I. Trial Counsel was ineffective by failing to consult with an eye-witness expert.
II. Trial Counsel was ineffective by not taking necessary efforts to secure the presence of Defense Witnesses.
III. Trial Counsel was ineffective by not advising Defendant of the possibility that taking responsibility for the crime, even after conviction by a jury, could be used by the district court to sentence less than the 20 year minimum.
IV. Appeallate counsel was ineffective by not advising Defendant of his right to a post appeal Rule 35, in which he could have taken responsibility for the crime and asked for the minimum mandatory to not be applied.
Appellee's Statement of the Issues:
Whether Poitra failed to show that his attorneys' performances fell below an objective standard of reasonableness.
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| 1 | | 06/29/2012 | |
NOTICE OF APPEAL: 06/29/2012 |
| 2 | | 06/29/2012 | |
ORDER FOR TRANSCRIPT (Part of NOA): 06/29/2012 |
| 3 | | 07/24/2012 | |
TRANSCRIPT DATED APRIL 30, 2012, & C.O.S. |
| 4 | | 07/25/2012 | |
DISK-tra (4/30/12) e-mailed |
| 5 | | 07/27/2012 | |
ELEC. RECORD ON APPEAL DATED 07/26/2012 (ENTRY NOS.1-40) |
| 6 | | 07/27/2012 | |
ELEC. RECORD ON APPEAL DATED 07/26/2012 cass co # 08-k-02762 (ENTRY NOS.1-35, 39-116, and 119-181) |
| 7 | | 07/27/2012 | |
Items sent via U.S. mail Nos. 36-38, Items not sent Nos 117-118 |
| 8 | | 08/07/2012 | |
ELEC. SUPP. RECORD ON APPEAL DATED 08/07/2012 (ENTRY NOS.41-42) |
| 9 | | 08/08/2012 | |
Notice of Appointment of Attorney Gast for Appellant in Supplemental |
| 10 | | 08/13/2012 | |
Letter from Appellant requesting addt'l time for briefing. No action taken, due to counsel appt. |
| 11 | | 08/15/2012 | |
2nd ELEC. SUPP. RECORD ON APPEAL DATED 08/15/2012 (ENTRY NOS.43-45) |
| 12 | | 08/29/2012 | |
MOT. EXT/TIME APPELLANT BRIEF |
| 13 | | 08/29/2012 | |
E-FILED MOTION |
| 14 | | 08/29/2012 | |
ACTION BY CLERK. Granted: 10/04/2012 |
| 15 | | 09/14/2012 | |
3rd ELEC. SUPP. RECORD ON APPEAL DATED September 13, 2012 (ENTRY NOS. 46-48) |
| 16 | | 10/02/2012 | |
APPELLANT BRIEF (PDF) |
| 17 | | 10/02/2012 | |
E-FILED BRIEF |
| 18 | | 10/02/2012 | |
APPELLANT APPENDIX |
| 19 | | 10/02/2012 | |
E-FILED APPENDIX |
| 20 | | 10/04/2012 | |
Rec'd $25 surcharge for ATB (Receipt #21592) |
| 21 | | 10/11/2012 | |
Rec'd 7 copies of ATB from CSD |
| 22 | | 10/11/2012 | |
Rec'd 6 copies of ATA from CSD |
| 23 | | 10/16/2012 | |
Proof of Service of Appellant's Brief & Appendix on Joshua Poitra on 10-15-12 |
| 24 | | 11/01/2012 | |
APPELLEE BRIEF |
| 25 | | 11/01/2012 | |
E-FILED BRIEF |
| 26 | | 11/05/2012 | |
REQUEST TO WAIVE ORAL ARGUMENT BY APPELLANT |
| 27 | | 11/05/2012 | |
E-FILED MOTION |
| 28 | | 11/05/2012 | |
Received 7 copies of AEB from Central Duplicating |
| 29 | | 11/07/2012 | |
Rec'd $25 e-filing surcharge for AEB (Receipt #21567) |
| 30 | | 11/20/2012 | |
NOTICE OF ORAL ARGUMENT SENT |
| 31 | | 11/27/2012 | |
NO ACTION TAKEN (REQUEST TO WAIVE ORAL ARGUMENT BY APPELLANT) |
| 32 | | 11/27/2012 | |
S.CT. DETERMINED ORAL ARGUMENT NOT NECESSARY |
| 33 | | 12/20/2012 | |
APPEARANCES: Waived under N.D.R.App.P. 34(a) |
| 34 | | 12/20/2012 | |
ARGUED: Waived |
| 35 | | 01/23/2013 | |
DISPOSITION: AFFIRMED BY SUMMARY DISP. |
| 36 | | 01/23/2013 | |
UNANIMOUS OPINION: Per Curiam |
| 37 | | 01/24/2013 | |
Judgment Sent to Parties |
| 38 | | 02/25/2013 | |
MANDATE |
| 39 | | 03/04/2013 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 40 | | 04/11/2013 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |