Holkesvig v. State
|
| 20120333 |
Randy Holkesvig, Petitioner and Appellant
v.
State of North Dakota, Respondent and Appellee
|
| Appeal from: |
District Court,
Northeast Central Judicial District,
Grand Forks County
Judge Lee A. Christofferson |
|
Nature of Action: |
Post-Conviction Relief
|
| Counsel: |
|
| Term: |
01/2013 Argument: 01/03/2013 04:00pm
|
| ND cite: |
2013 ND 1
|
| NW cite: |
828 N.W.2d 546
|
|
|
| Issues: |
Appellant's Statement of the Issues:
I.Is there material evidence in dispute that points to a collusion and conspiracy that is filled with corruption, that has led to an ongoing cover-up within the Grand Forks Sheriff's Office, the Grand Forks District Attorney's Office, and the Trail
County Sheriff's Office, which has expanded to several Judges, a Magistrate, 2 disgruntled Plaintiff's and other Law Enforcement/Governmental Officials?
II. Did the District Court err by denying the Petitioner an evidentiary hearing?
III. If my constitutional rights were violated, can an injunctive relief for monetary damages and restitution be filed under Title 42 U.S.C. 1983?
IV. Was due process violated during the filing, hearing and ruling issued on 3-11-08 regarding the Restraining Order?
V. Is N.D.C.C. 12.1-17-07.1(2) constitutionally valid or open for abuse by Law Enforcement?
VI. Is Article XI, Section 4 of the ND State Constitution legal and valid?
Appellee's Statement of the Issues:
I.Whether the district court erred when summarily dismissing the defendant's request for post-conviction relief?
II.Whether issues not previously raised can be addressed for the first time on appeal?
|
|
 Add Docket 20120333 RSS
|
| 1 | | 08/23/2012 | |
NOTICE OF APPEAL: 08/20/2012 |
| 2 | | 08/23/2012 | |
This case is consolidated w/20120334. Make all docket entries, except ROA, DIS, & MAN codes, |
| 3 | | 08/23/2012 | |
in this case |
| 4 | | 08/27/2012 | |
ORDER FOR TRANSCRIPT: 08/27/2012 |
| 5 | | 08/29/2012 | |
TRANSCRIPT DATED JUNE 5, 2012, & C.O.S. |
| 6 | | 08/29/2012 | |
DISK NONCOMPLIANCE-TRA(6/5/12) |
| 7 | | 09/04/2012 | |
MOT. EXT/TIME APPELLANT BRIEF |
| 8 | | 09/04/2012 | |
E-FILED MOTION |
| 9 | | 09/05/2012 | |
ACTION BY CLERK. Granted: 11/07/2012 |
| 10 | | 09/19/2012 | |
ELEC. RECORD ON APPEAL DATED 09/18/2012 (ENTRY NOS.1-8, 9-11, & 13-62)(ENTRY NOS. 9 & 12 NOT SENT) |
| 11 | | 09/28/2012 | |
AMENDED ELEC. RECORD ON APPEAL DATED 09/28/2012 (ENTRY NOS.1-8, 10-11, & 13-63) (ENTRY NOS. |
| 12 | | 09/28/2012 | |
9 & 12 NOT SENT) |
| 13 | | 10/02/2012 | |
2nd AMENDED ELEC. RECORD ON APPEAL DATED 10/01/2012 (ENTRY NOS.1-8, 10-11, 13-64)(ENTRY NOS. |
| 14 | | 10/02/2012 | |
9 & 12 not sent) |
| 15 | | 10/02/2012 | |
#26-CD via U.S. Mail on 10/04/2012. |
| 16 | | 11/05/2012 | |
MOTION to Correct Page 30 of Appeal Brief |
| 17 | | 11/05/2012 | |
ACTION BY CLERK (Mot./Correct Pg. 30). Granted |
| 18 | | 11/02/2012 | |
APPELLANT BRIEF |
| 19 | | 11/02/2012 | |
APPELLANT APPENDIX |
| 20 | | 10/05/2012 | |
DISK of ATB (e-mailed) |
| 21 | | 11/16/2012 | |
Received notification from fiscal department re payment of postage overcharge to Mr. Holkesvig |
| 22 | | 11/20/2012 | |
MOTION TO AMEND AND SUPPLEMENT APPENDIX |
| 23 | | 11/20/2012 | |
ACTION BY CHIEF JUSTICE. Granted |
| 24 | | 11/21/2012 | |
Letter from Jonathan Byers dated 11-21-12 re: will not file an amicus brief |
| 25 | | 12/05/2012 | |
APPELLEE BRIEF |
| 26 | | 12/06/2012 | |
E-FILED BRIEF |
| 27 | | 12/05/2012 | |
APPELLEE APPENDIX |
| 28 | | 12/05/2012 | |
E-FILED APPENDIX |
| 29 | | 12/06/2012 | |
Received certificate of service for AEB via e-mail on Mr. Holkesvig |
| 30 | | 12/07/2012 | |
Received $25 e-filing surcharge for AEB (Receipt #21609) |
| 31 | | 12/07/2012 | |
Received 7 copies of AEB from Central Duplicating |
| 32 | | 12/07/2012 | |
Received 6 copies of AEA from Central Duplicating |
| 33 | | 12/18/2012 | |
NOTICE OF ORAL ARGUMENT SENT |
| 34 | | 12/18/2012 | |
REQUEST TO WAIVE ORAL ARGUMENT BY APPELLEE |
| 35 | | 12/18/2012 | |
E-FILED MOTION |
| 36 | | 12/20/2012 | |
ACTION BY SUPREME COURT (request to waive oral argument by Appellee). Granted |
| 37 | | 12/20/2012 | |
S.CT. DETERMINED ORAL ARGUMENT NOT NECESSARY |
| 38 | | 12/18/2012 | |
REPLY BRIEF AND ADDENDUM |
| 39 | | 12/19/2012 | |
DISK-RYB (E-MAILED) |
| 40 | | 01/03/2013 | |
APPEARANCES: Waived under N.D.R.App.P. 34(a) and (f) |
| 41 | | 01/03/2013 | |
ARGUED: None - waived |
| 42 | | 01/23/2013 | |
DISPOSITION: AFFIRMED BY SUMMARY DISP. |
| 43 | | 01/23/2013 | |
UNANIMOUS OPINION: Per Curiam |
| 44 | | 01/23/2013 | |
Mot. Ext/Time Petition for Rehearing |
| 45 | | 01/23/2013 | |
E-FILED MOTION |
| 46 | | 01/23/2013 | |
ACTION BY CHIEF JUSTICE. Granted: 03/12/2013 |
| 47 | | 01/24/2013 | |
Judgment Sent to Parties |
| 48 | | 02/01/2013 | |
PETITION FOR REHEARING |
| 49 | | 02/05/2013 | |
DISK - PER (e-mailed) |
| 50 | | 02/26/2013 | |
ACTION BY SUPREME COURT. Denied |
| 51 | | 03/04/2013 | |
MOTION to Stay Mandate |
| 52 | | 03/04/2013 | |
ACTION BY CHIEF JUSTICE. Granted: 05/13/2013 |
| 53 | | 03/29/2013 | |
MOTION to Stay Mandate |
| 54 | | 03/29/2013 | |
E-FILED MOTION |
| 55 | | 04/01/2013 | |
ACTION BY CHIEF JUSTICE. Granted: 06/03/2013 |
| 56 | | 05/07/2013 | |
MOTION to Stay Mandate |
| 57 | | 05/08/2013 | |
ACTION BY CHIEF JUSTICE. Granted: 07/01/2013 |