Wilson v. State

20120425 Scott Robert Wilson, Petitioner and Appellant
v.
State of North Dakota, Respondent and Appellee

Appeal from: District Court, South Central Judicial District, Mercer County
Judge Thomas J. Schneider
Nature of Action: Post-Conviction Relief
Counsel:
Appellant: Patrick Shannon Rosenquist
Appellee: Jessica Jo Binder , State's Attorney
Term: 04/2013   Argument: 04/29/2013  11:00am
ND cite: 2013 ND 124
NW cite: 833 N.W.2d 492

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
I. Whether Wilson was prejudiced by the trial court's failure to notify him of his right to appeal?
a. The lower court erred by failing to apply this Court's standard from Carmody.
b. Even under Peguero, the lower court erred in finding that Wilson was not prejudiced by the trial court's failure to notify him of his right to appeal.
II. Whether Wilson waived his right to counsel?
a. Under a clearly erroneous standard of review, the lower court erred in concluding Wilson voluntarily, knowingly, or intelligently waived his right to counsel.
b. Under a de novo standard of review, the trial court unreasonably denied Wilson his constitutional right to counsel.

Appellee's Statement of the Issues:
1.Wilson's application for post-conviction relief is a misuse of process.
2.Wilson's convictions were not obtained in violation of the laws or the Constitutions of the United States and the State of North Dakota.
a.The Court should adopt the United States Supreme Court ruling in Peguero to review an error of the trial court under Rule 32 of the North Dakota Rules of Criminal.
b.Wilson was not prejudiced when the trial court failed to give him notice of his right to appeal.
c.The trial court correctly denied Wilson's request for court appointed counsel.

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Docket entries:
112/07/2012 NOTICE OF APPEAL: 12/04/2012
212/07/2012 ORDER FOR TRANSCRIPT: 12/04/2012
312/07/2012 This case is consolidated w/20120426-428. Make all entries except ROA, DIS & MAN in this case.
412/07/2012 Assignment of counsel received (Rosenquist)
512/11/2012 Acknowledgment of receipt of order for transcript
612/11/2012 DISK-tra (9/25/12) e-mailed
712/12/2012 TRANSCRIPT DATED SEPTEMBER 25, 2012, & C.O.S.
812/21/2012 TRANSCRIPTS DATED December 07, 2011 & February 15, 2011 & C.O.S.
912/21/2012 DISK-tra (December 07, 2011 & February 15, 2011) e-mailed
1001/03/2013 ELEC. RECORD ON APPEAL DATED JANUARY 2, 2013(ENTRY NOS.1-43)
1101/03/2013 ELEC. RECORD ON APPEAL DATED JANUARY 2, 2013(ENTRY NOS.1-62)(underlying record)
1201/29/2013 APPELLANT BRIEF (PDF)
1301/29/2013 E-FILED BRIEF (PDF)
1401/29/2013 APPELLANT APPENDIX
1501/29/2013 E-FILED APPENDIX
1602/01/2013 Recv'd $25 surcharge for ATB & ATA (Receipt #21682)
1702/07/2013 Rcv'd 7 copies of ATB from CSD
1802/07/2013 Rcv'd 6 copies of ATA from CSD
1902/08/2013 Rcv'd cos of atb on Appellant
2002/26/2013 APPELLEE BRIEF
2102/26/2013 E-FILED BRIEF
2202/26/2013 APPELLEE APPENDIX
2302/26/2013 E-FILED APPENDIX
2403/01/2013 Received 7 copies of AEB from Central Duplicating
2503/01/2013 Received 6 copies of AEA from Central Duplicating
2603/01/2013 Received $42 e-filing surcharge for AEB & AEA (Receipt #21720)
2703/18/2013 NOTICE OF ORAL ARGUMENT SENT
2804/29/2013 APPEARANCES: Patrick Rosenquist/Jessica Binder
2904/29/2013 ARGUED: P. Rosenquist/J. Binder
3004/29/2013 ORAL ARGUMENT WEBCAST
3107/18/2013 DISPOSITION: AFFIRMED
3207/18/2013 UNANIMOUS OPINION: Sandstrom, Dale V.
3307/18/2013 CONCUR IN THE RESULT: Crothers, Daniel John: CONCUR
3407/19/2013 Judgment Sent to Parties
3508/23/2013 MANDATE
3608/27/2013 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
3709/04/2013 AMENDED RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 12/18/2014