Gaede v. State

20120326 Dennis James Gaede, Petitioner and Appellant
v.
State of North Dakota, Respondent and Appellee

Appeal from: District Court, East Central Judicial District, Cass County
Judge Steven E. McCullough
Nature of Action: Post-Conviction Relief
Counsel:
Appellant: Pro se
Appellee: Birch Peterson Burdick , State's Attorney
Term: 03/2013   Argument: 03/07/2013  2:45pm
ND cite: 2013 ND 41
NW cite: 832 N.W.2d 334

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Issues: Appellant's Statement of the Issues:
I. Whether Gaede's claims for relief were appropriate for summary judgment when there were disputed issues of material fact?
II. Whether Gaede's 5th and 14th Amendment Rights to Due Process were violated when he was denied court ordered medical records that prove his mental condition?

Appellee's Statement of the Issues:
I. Whether there were genuine issues of material fact in dispute that rendered the District Court's summary disposition erroneous.
II. Whether the District Court erred by not ordering the production of additional medical records.

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Docket entries:
108/16/2012 NOTICE OF APPEAL: 08/16/2012
209/18/2012 ELEC. RECORD ON APPEAL DATED September 17, 2012 (ENTRY NOS. 1 - 66)
309/19/2012 ELEC. RECORD ON APPEAL (05-K-02878) DATED September 18, 2012 (ENTRY NOS. 1 - 174). Items not sent
409/19/2012 were 17,19,21,24,58-65,67-72,76,80,81,89 - 94,96,98,100,102,105,122-125,129,140,152
509/24/2012 MOT. EXT/TIME APPELLANT BRIEF
609/24/2012 ACTION BY SUPREME COURT. Granted: 10/25/2012
711/05/2012 S.Ct. Not. of Dismissal/Failure to Proceed. RspDue
811/13/2012 NO ACTION TAKEN (MSN)
911/13/2012 MOT. EXT/TIME APPELLANT BRIEF
1011/13/2012 ACTION BY CHIEF JUSTICE. Granted: 12/13/2012
1112/31/2012 Rcv'd corrections to ATB (c.o.s., TOA & pg 10) & ATA (TOC, Jmt & NOA
1212/31/2012 MOT. EXT/TIME APPELLANT BRIEF
1312/28/2012 APPELLANT BRIEF (PDF)(scanned)
1412/28/2012 APPELLANT APPENDIX
1512/28/2012 DISK NONCOMPLIANCE (scanned)
1601/02/2013 ACTION BY CHIEF JUSTICE. Granted: 12/28/2012
1701/30/2013 APPELLEE BRIEF
1801/30/2013 E-FILED BRIEF
1902/04/2013 Received 7 copies of AEB from Central Duplicating
2002/06/2013 Received $25 surcharge for AEB(receipt #21686)
2102/13/2013 NOTICE OF ORAL ARGUMENT SENT
2202/25/2013 Appellant will not be transported
2303/07/2013 APPEARANCES: Appellant wavied under N.D.R.App.P. 34(e); Birch P. Burdick
2403/07/2013 ARGUED: Appellant wavied; Birch P. Burdick
2503/07/2013 ORAL ARGUMENT WEBCAST
2604/04/2013 DISPOSITION: AFFIRMED BY SUMMARY DISP.
2704/04/2013 UNANIMOUS OPINION: Per Curiam
2804/05/2013 Judgment Sent to Parties
2905/01/2013 MANDATE

Generated from Supreme Court Docket on 07/31/2014