Wilson v. State
Scott Robert Wilson, Petitioner and Appellant
State of North Dakota, Respondent and Appellee
South Central Judicial District,
Judge Thomas J. Schneider
|Nature of Action:||Post-Conviction Relief|
|Term:||04/2013  Argument: 04/29/2013|
|ND cite:||2013 ND 124|
833 N.W.2d 492
Listen to recording of oral argument in MP3 format
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.
|Add Docket 20120425 RSS|
|1||12/07/2012 NOTICE OF APPEAL: 12/04/2012|
|2||12/07/2012 ORDER FOR TRANSCRIPT: 12/04/2012|
|3||12/07/2012 This case is consolidated w/20120426-428. Make all entries except ROA, DIS & MAN in this case.|
|4||12/07/2012 Assignment of counsel received (Rosenquist)|
|5||12/11/2012 Acknowledgment of receipt of order for transcript|
|6||12/11/2012 DISK-tra (9/25/12) e-mailed|
|7||12/12/2012 TRANSCRIPT DATED SEPTEMBER 25, 2012, & C.O.S.|
|8||12/21/2012 TRANSCRIPTS DATED December 07, 2011 & February 15, 2011 & C.O.S.|
|9||12/21/2012 DISK-tra (December 07, 2011 & February 15, 2011) e-mailed|
|10||01/03/2013 ELEC. RECORD ON APPEAL DATED JANUARY 2, 2013(ENTRY NOS.1-43)|
|11||01/03/2013 ELEC. RECORD ON APPEAL DATED JANUARY 2, 2013(ENTRY NOS.1-62)(underlying record)|
|12||01/29/2013 APPELLANT BRIEF (PDF)|
|13||01/29/2013 E-FILED BRIEF (PDF)|
|14||01/29/2013 APPELLANT APPENDIX|
|15||01/29/2013 E-FILED APPENDIX|
|16||02/01/2013 Recv'd $25 surcharge for ATB & ATA (Receipt #21682)|
|17||02/07/2013 Rcv'd 7 copies of ATB from CSD|
|18||02/07/2013 Rcv'd 6 copies of ATA from CSD|
|19||02/08/2013 Rcv'd cos of atb on Appellant|
|20||02/26/2013 APPELLEE BRIEF|
|21||02/26/2013 E-FILED BRIEF|
|22||02/26/2013 APPELLEE APPENDIX|
|23||02/26/2013 E-FILED APPENDIX|
|24||03/01/2013 Received 7 copies of AEB from Central Duplicating|
|25||03/01/2013 Received 6 copies of AEA from Central Duplicating|
|26||03/01/2013 Received $42 e-filing surcharge for AEB & AEA (Receipt #21720)|
|27||03/18/2013 NOTICE OF ORAL ARGUMENT SENT|
|28||04/29/2013 APPEARANCES: Patrick Rosenquist/Jessica Binder|
|29||04/29/2013 ARGUED: P. Rosenquist/J. Binder|
|30||04/29/2013 ORAL ARGUMENT WEBCAST|
|31||07/18/2013 DISPOSITION: AFFIRMED|
|32||07/18/2013 UNANIMOUS OPINION: Sandstrom, Dale V.|
|33||07/18/2013 CONCUR IN THE RESULT: Crothers, Daniel John: CONCUR|
|34||07/19/2013 Judgment Sent to Parties|
|36||08/27/2013 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|
|37||09/04/2013 AMENDED RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|