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: Misc. Statutory Off. (Misdemeanor)
Counsel:
Appellant: Pro se
Appellee: Meredith Huseby Larson , Asst. State's Attorney
Term: 01/2013   Argument: 01/03/2013  Waived
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?

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Docket entries:
108/23/2012 NOTICE OF APPEAL: 08/20/2012
208/23/2012 This case is consolidated w/20120334. Make all docket entries, except ROA, DIS, & MAN codes,
308/23/2012 in this case
408/27/2012 ORDER FOR TRANSCRIPT: 08/27/2012
508/29/2012 TRANSCRIPT DATED JUNE 5, 2012, & C.O.S.
608/29/2012 DISK NONCOMPLIANCE-TRA(6/5/12)
709/04/2012 MOT. EXT/TIME APPELLANT BRIEF
809/04/2012 E-FILED MOTION
909/05/2012 ACTION BY CLERK. Granted: 11/07/2012
1009/19/2012 ELEC. RECORD ON APPEAL DATED 09/18/2012 (ENTRY NOS.1-8, 9-11, & 13-62)(ENTRY NOS. 9 & 12 NOT SENT)
1109/28/2012 AMENDED ELEC. RECORD ON APPEAL DATED 09/28/2012 (ENTRY NOS.1-8, 10-11, & 13-63) (ENTRY NOS.
1209/28/2012 9 & 12 NOT SENT)
1310/02/2012 2nd AMENDED ELEC. RECORD ON APPEAL DATED 10/01/2012 (ENTRY NOS.1-8, 10-11, 13-64)(ENTRY NOS.
1410/02/2012 9 & 12 not sent)
1510/02/2012 #26-CD via U.S. Mail on 10/04/2012.
1611/05/2012 MOTION to Correct Page 30 of Appeal Brief
1711/05/2012 ACTION BY CLERK (Mot./Correct Pg. 30). Granted
1811/02/2012 APPELLANT BRIEF
1911/02/2012 APPELLANT APPENDIX
2010/05/2012 DISK of ATB (e-mailed)
2111/16/2012 Received notification from fiscal department re payment of postage overcharge to Mr. Holkesvig
2211/20/2012 MOTION TO AMEND AND SUPPLEMENT APPENDIX
2311/20/2012 ACTION BY CHIEF JUSTICE. Granted
2411/21/2012 Letter from Jonathan Byers dated 11-21-12 re: will not file an amicus brief
2512/05/2012 APPELLEE BRIEF
2612/06/2012 E-FILED BRIEF
2712/05/2012 APPELLEE APPENDIX
2812/05/2012 E-FILED APPENDIX
2912/06/2012 Received certificate of service for AEB via e-mail on Mr. Holkesvig
3012/07/2012 Received $25 e-filing surcharge for AEB (Receipt #21609)
3112/07/2012 Received 7 copies of AEB from Central Duplicating
3212/07/2012 Received 6 copies of AEA from Central Duplicating
3312/18/2012 NOTICE OF ORAL ARGUMENT SENT
3412/18/2012 REQUEST TO WAIVE ORAL ARGUMENT BY APPELLEE
3512/18/2012 E-FILED MOTION
3612/20/2012 ACTION BY SUPREME COURT (request to waive oral argument by Appellee). Granted
3712/20/2012 S.CT. DETERMINED ORAL ARGUMENT NOT NECESSARY
3812/18/2012 REPLY BRIEF AND ADDENDUM
3912/19/2012 DISK-RYB (E-MAILED)
4001/03/2013 APPEARANCES: Waived under N.D.R.App.P. 34(a) and (f)
4101/03/2013 ARGUED: None - waived
4201/23/2013 DISPOSITION: AFFIRMED BY SUMMARY DISP.
4301/23/2013 UNANIMOUS OPINION: Per Curiam
4401/23/2013 Mot. Ext/Time Petition for Rehearing
4501/23/2013 E-FILED MOTION
4601/23/2013 ACTION BY CHIEF JUSTICE. Granted: 03/12/2013
4701/24/2013 Judgment Sent to Parties
4802/01/2013 PETITION FOR REHEARING
4902/05/2013 DISK - PER (e-mailed)
5002/26/2013 ACTION BY SUPREME COURT. Denied
5103/04/2013 MOTION to Stay Mandate
5203/04/2013 ACTION BY CHIEF JUSTICE. Granted: 05/13/2013
5303/29/2013 MOTION to Stay Mandate
5403/29/2013 E-FILED MOTION
5504/01/2013 ACTION BY CHIEF JUSTICE. Granted: 06/03/2013
5605/07/2013 MOTION to Stay Mandate
5705/08/2013 ACTION BY CHIEF JUSTICE. Granted: 07/01/2013
5806/04/2013 Notice of Filing Petition for Writ of Certiorari to U.S. Supreme Court
5910/10/2013 Letter from U.S. Supreme Court, Denying Petition for Writ of Certiorari
6010/14/2013 MANDATE
6110/24/2013 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
6212/05/2013 Letter from U.S. Supreme Court denying Petition for Rehearing

Generated from Supreme Court Docket on 12/19/2014