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:

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 04:00pm

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:

1	08/22/2012	NOTICE OF APPEAL: 08/22/2012
2	08/22/2012	ORDER FOR TRANSCRIPT: 08/23/2012
3	08/27/2012	Notice of Assignment of Bobbi Brown Weiler as counsel for Appellant
4	09/19/2012	ELEC. RECORD ON APPEAL DATED 9/19/12 (ENTRY NOS.1-41)
5	09/19/2012	ELEC. RECORD ON APPEAL DATED 09/19/2012 (ENTRY NOS.1-6, 8-16, 18-22, 24-26, 28-31, 33, 35-36,
6	09/19/2012	38-49, 51-140, 143-146, 151-153, 155-156, 159-161, 164-250) (Items not sent 142,148,149,&150)
7	09/19/2012	Items sent via U.S. mail 147, 154, 157, & 158)
8	09/21/2012	TRANSCRIPT DATED 8/1/12 & C.O.S.
9	09/24/2012	DISK- Transcript dated 8/1/12 (e-mailed)
10	09/24/2012	Recieved corrected title page for Transcript
11	09/27/2012	ELEC. SUPP. RECORD ON APPEAL DATED SEPTEMBER 26, 2012 (ENTRY NOS. 42-43)
12	10/18/2012	MOT. EXT/TIME APPELLANT BRIEF
13	10/18/2012	ACTION BY CLERK. Granted: 11/13/2012
14	11/13/2012	APPELLANT BRIEF
15	11/13/2012	E-FILED BRIEF
16	11/13/2012	APPELLANT APPENDIX
17	11/13/2012	E-FILED APPENDIX
18	11/15/2012	Received $25 surcharge for ATB (Receipt #21580)
19	11/19/2012	Received 7 copies of ATB from Central Duplicating.
20	11/19/2012	Received 6 copies of ATA from Central Duplicating.
21	12/18/2012	NOTICE OF ORAL ARGUMENT SENT
22	12/18/2012	REQUEST TO WAIVE ORAL ARGUMENT BY APPELLANT
23	12/18/2012	E-FILED MOTION
24	12/18/2012	REQUEST TO WAIVE ORAL ARGUMENT BY APPELLEE
25	12/18/2012	E-FILED MOTION
26	12/13/2012	APPELLEE BRIEF
27	12/13/2012	E-FILED BRIEF
28	12/19/2012	Received $25 surcharge for AEB (Receipt #21630)
29	12/20/2012	Rcv'd 7 copies of AEB from CSD
30	12/21/2012	ACTION BY SUPREME COURT (Request to waive oral argument by Appellant). Granted
31	12/21/2012	ACTION BY SUPREME COURT (Request to waive oral argument by Appellee). Granted
32	01/15/2013	APPEARANCES: Waived under N.D.R.App.P. 34(f)
33	01/15/2013	ARGUED: Waived
34	01/23/2013	DISPOSITION: AFFIRMED BY SUMMARY DISP.
35	01/23/2013	UNANIMOUS OPINION: Per Curiam
36	01/24/2013	Judgment Sent to Parties
37	02/25/2013	MANDATE
38	03/04/2013	RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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