Waslaski v. State

20120342 Edward D. Waslaski, Jr., Petitioner and Appellant
v.
State of North Dakota, Respondent and Appellee

Appeal from: District Court, Southwest Judicial District, Stark County
Judge Harlan Patrick Weir
Nature of Action: Post-Conviction Relief
Counsel:
Appellant: Jay Ryan Greenwood
Appellee: James Allen Hope , Asst. State's Attorney
Term: 01/2013   Argument: 01/07/2013  10:00am
ND cite: 2013 ND 70
NW cite: 830 N.W.2d 228

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
Under North Dakota Rules and case law, does the District Court abuse its discretion in denying a Petitioner's Motion for Reconsideration, when:
a. The District Court denied the original Motion for Post Conviction Relief because "of the temporal distance from the events in question and the lack of any supporting evidence beyond one party's recollection"; and
b. The Petitioner's Motion for Reconsideration included new evidence (in the form of affidavits) that clearly alleviated the Court prior misgivings.

Appellee's Statement of the Issues:
1. Is the trial court's Order Denying Motion for Reconsideration appealable?
2. If so, did the trial court abuse its discretion when it denied the Petitioner's Motion for Reconsideration?

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Docket entries:
109/07/2012 NOTICE OF APPEAL: 09/07/2012
209/07/2012 Order for Transcript ----- transcript is in the record
309/12/2012 Appealability Response Received
409/13/2012 Notice of Filing of Notice of Appeal from District Court Clerk
509/26/2012 Court dismisses that part of the appeal regarding the Memorandum Opinion entered May 29, 2012
609/26/2012 Request to Withdraw Order for Transcript ---- transcript is in the record
710/03/2012 ELEC. RECORD ON APPEAL DATED (ENTRY NOS.1-96)
810/26/2012 S.Ct. Not. of Dismissal/Failure to Proceed. RspDue: 11/05/2012
911/02/2012 Response Filed to S.Ct. Not. of Dismissal/Failure to Proceed
1011/02/2012 EFILED RESPONSE
1111/02/2012 MOT. EXT/TIME APPELLANT BRIEF
1211/02/2012 E-FILED MOTION
1311/05/2012 ACTION BY CHIEF JUSTICE. Granted: 11/19/2012
1411/05/2012 NO ACTION TAKEN (MSN)
1511/05/2012 Appellant's Mot/Dismiss Counsel, Appoint New Counsel, and Ext the Time to File ATB, ATA-by Waslaski
1611/05/2012 ACTION BY CHIEF JUSTICE. Denied
1711/19/2012 APPELLANT BRIEF
1811/19/2012 E-FILED BRIEF
1911/19/2012 APPELLANT APPENDIX
2011/19/2012 E-FILED APPENDIX
2111/28/2012 Received 7 copies of ATB from CSD.
2211/28/2012 Received 6 copies of ATA from CSD.
2312/07/2012 E-filing surcharge paid through inter-departmental billing
2412/18/2012 NOTICE OF ORAL ARGUMENT SENT
2512/19/2012 MOT. EXT/TIME APPELLEE BRIEF
2612/19/2012 ACTION BY CLERK w/understanding that any RYB due by noon on 1/3/13. Granted: 12/28/2012
2712/27/2012 Request to Waive Oral Argument by Appellee
2812/27/2012 E-FILED MOTION
2912/27/2012 APPELLEE BRIEF
3012/27/2012 DISK (AEB)
3112/31/2012 ACTION BY SUPREME COURT (Request to Waive Oral Argument by Appellee). Granted
3212/31/2012 Rcv'd corrected AEB title page
3312/31/2012 DISK (corrected ATB)
3401/07/2013 APPEARANCES: Jay Greenwood/Waived under N.D.R.App.P. 34(f)
3501/07/2013 ARGUED: J. Greenwood/none for Appellee
3601/07/2013 ORAL ARGUMENT WEBCAST
3705/14/2013 DISPOSITION: AFFIRMED
3805/14/2013 UNANIMOUS OPINION: Kapsner, Carol Ronning
3905/16/2013 Judgment Sent to Parties
4006/28/2013 MANDATE

Generated from Supreme Court Docket on 11/24/2014