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: |
|
| Term: |
01/2013 Argument: 01/07/2013 10:00am
|
| ND cite: |
2013 ND 70
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
|
|
|
| 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?
|
|
 Add Docket 20120342 RSS
|
| 1 | | 09/07/2012 | |
NOTICE OF APPEAL: 09/07/2012 |
| 2 | | 09/07/2012 | |
Order for Transcript ----- transcript is in the record |
| 3 | | 09/12/2012 | |
Appealability Response Received |
| 4 | | 09/13/2012 | |
Notice of Filing of Notice of Appeal from District Court Clerk |
| 5 | | 09/26/2012 | |
Court dismisses that part of the appeal regarding the Memorandum Opinion entered May 29, 2012 |
| 6 | | 09/26/2012 | |
Request to Withdraw Order for Transcript ---- transcript is in the record |
| 7 | | 10/03/2012 | |
ELEC. RECORD ON APPEAL DATED (ENTRY NOS.1-96) |
| 8 | | 10/26/2012 | |
S.Ct. Not. of Dismissal/Failure to Proceed. RspDue: 11/05/2012 |
| 9 | | 11/02/2012 | |
Response Filed to S.Ct. Not. of Dismissal/Failure to Proceed |
| 10 | | 11/02/2012 | |
EFILED RESPONSE |
| 11 | | 11/02/2012 | |
MOT. EXT/TIME APPELLANT BRIEF |
| 12 | | 11/02/2012 | |
E-FILED MOTION |
| 13 | | 11/05/2012 | |
ACTION BY CHIEF JUSTICE. Granted: 11/19/2012 |
| 14 | | 11/05/2012 | |
NO ACTION TAKEN (MSN) |
| 15 | | 11/05/2012 | |
Appellant's Mot/Dismiss Counsel, Appoint New Counsel, and Ext the Time to File ATB, ATA-by Waslaski |
| 16 | | 11/05/2012 | |
ACTION BY CHIEF JUSTICE. Denied |
| 17 | | 11/19/2012 | |
APPELLANT BRIEF |
| 18 | | 11/19/2012 | |
E-FILED BRIEF |
| 19 | | 11/19/2012 | |
APPELLANT APPENDIX |
| 20 | | 11/19/2012 | |
E-FILED APPENDIX |
| 21 | | 11/28/2012 | |
Received 7 copies of ATB from CSD. |
| 22 | | 11/28/2012 | |
Received 6 copies of ATA from CSD. |
| 23 | | 12/07/2012 | |
E-filing surcharge paid through inter-departmental billing |
| 24 | | 12/18/2012 | |
NOTICE OF ORAL ARGUMENT SENT |
| 25 | | 12/19/2012 | |
MOT. EXT/TIME APPELLEE BRIEF |
| 26 | | 12/19/2012 | |
ACTION BY CLERK w/understanding that any RYB due by noon on 1/3/13. Granted: 12/28/2012 |
| 27 | | 12/27/2012 | |
Request to Waive Oral Argument by Appellee |
| 28 | | 12/27/2012 | |
E-FILED MOTION |
| 29 | | 12/27/2012 | |
APPELLEE BRIEF |
| 30 | | 12/27/2012 | |
DISK (AEB) |
| 31 | | 12/31/2012 | |
ACTION BY SUPREME COURT (Request to Waive Oral Argument by Appellee). Granted |
| 32 | | 12/31/2012 | |
Rcv'd corrected AEB title page |
| 33 | | 12/31/2012 | |
DISK (corrected ATB) |
| 34 | | 01/07/2013 | |
APPEARANCES: Jay Greenwood/Waived under N.D.R.App.P. 34(f) |
| 35 | | 01/07/2013 | |
ARGUED: J. Greenwood/none for Appellee |
| 36 | | 01/07/2013 | |
ORAL ARGUMENT WEBCAST |
| 37 | | 05/14/2013 | |
DISPOSITION: AFFIRMED |
| 38 | | 05/14/2013 | |
UNANIMOUS OPINION: Kapsner, Carol Ronning |
| 39 | | 05/16/2013 | |
Judgment Sent to Parties |