Pederson v. State

20120331 Tate Allister Pederson, Petitioner and Appellant
v.
State of North Dakota, Respondent and Appellee

Appeal from: District Court, East Central Judicial District, Cass County
Judge Wickham Corwin
Nature of Action: Post-Conviction Relief
Counsel:
Appellant: Bobbi Brown Weiler
Appellee: Reid Alan Brady , Asst. State's Attorney
Appellee: Tanya Johnson Martinez , Asst. State's Attorney
Term: 01/2013   Argument: 01/15/2013  Waived
ND cite: 2013 ND 7
NW cite: 828 N.W.2d 546


Issues: Appellant's Statement of the Issues:
Mr. Pederson's counsel's representation fell below the standard of reasonableness and Mr. Pederson was prejudiced by his counsel's deficient performance when Mr. Pederson's original counsel was allowed to withdraw the day before trial, Mr. Pederson's trial counsel was unprepared for trial, and Mr. Pederson's trial counsel called witnesses that prejudiced the defense and did not prepare those witnesses appropriately.

Appellee's Statement of the Issues:
Whether Pederson failed to show that his attorney's performance fell below an objective standard of reasonableness.

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Docket entries:
108/22/2012 NOTICE OF APPEAL: 08/22/2012
208/22/2012 ORDER FOR TRANSCRIPT: 08/23/2012
308/27/2012 Notice of Assignment of Bobbi Brown Weiler as counsel for Appellant
409/19/2012 ELEC. RECORD ON APPEAL DATED 9/19/12 (ENTRY NOS.1-41)
509/19/2012 ELEC. RECORD ON APPEAL DATED 09/19/2012 (ENTRY NOS.1-6, 8-16, 18-22, 24-26, 28-31, 33, 35-36,
609/19/2012 38-49, 51-140, 143-146, 151-153, 155-156, 159-161, 164-250) (Items not sent 142,148,149,&150)
709/19/2012 Items sent via U.S. mail 147, 154, 157, & 158)
809/21/2012 TRANSCRIPT DATED 8/1/12 & C.O.S.
909/24/2012 DISK- Transcript dated 8/1/12 (e-mailed)
1009/24/2012 Recieved corrected title page for Transcript
1109/27/2012 ELEC. SUPP. RECORD ON APPEAL DATED SEPTEMBER 26, 2012 (ENTRY NOS. 42-43)
1210/18/2012 MOT. EXT/TIME APPELLANT BRIEF
1310/18/2012 ACTION BY CLERK. Granted: 11/13/2012
1411/13/2012 APPELLANT BRIEF
1511/13/2012 E-FILED BRIEF
1611/13/2012 APPELLANT APPENDIX
1711/13/2012 E-FILED APPENDIX
1811/15/2012 Received $25 surcharge for ATB (Receipt #21580)
1911/19/2012 Received 7 copies of ATB from Central Duplicating.
2011/19/2012 Received 6 copies of ATA from Central Duplicating.
2112/18/2012 NOTICE OF ORAL ARGUMENT SENT
2212/18/2012 REQUEST TO WAIVE ORAL ARGUMENT BY APPELLANT
2312/18/2012 E-FILED MOTION
2412/18/2012 REQUEST TO WAIVE ORAL ARGUMENT BY APPELLEE
2512/18/2012 E-FILED MOTION
2612/13/2012 APPELLEE BRIEF
2712/13/2012 E-FILED BRIEF
2812/19/2012 Received $25 surcharge for AEB (Receipt #21630)
2912/20/2012 Rcv'd 7 copies of AEB from CSD
3012/21/2012 ACTION BY SUPREME COURT (Request to waive oral argument by Appellant). Granted
3112/21/2012 ACTION BY SUPREME COURT (Request to waive oral argument by Appellee). Granted
3201/15/2013 APPEARANCES: Waived under N.D.R.App.P. 34(f)
3301/15/2013 ARGUED: Waived
3401/23/2013 DISPOSITION: AFFIRMED BY SUMMARY DISP.
3501/23/2013 UNANIMOUS OPINION: Per Curiam
3601/24/2013 Judgment Sent to Parties
3702/25/2013 MANDATE
3803/04/2013 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 12/19/2014