Spotted Wolf v. State

20120431 Albert Spotted Wolf, Petitioner and Appellant
v.
State of North Dakota, Respondent and Appellee

Appeal from: District Court, South Central Judicial District, Burleigh County
Judge Bruce B. Haskell
Nature of Action: Post-Conviction Relief
Counsel:
Appellant: Blake Dylan Hankey
Appellee: Dawn Marie Deitz , Asst. State's Attorney
Term: 05/2013   Argument: 05/08/2013  Waived
ND cite: 2013 ND 92
NW cite: 832 N.W.2d 334


Issues: Appellant's Statement of the Issues:
I. Whether the judge committed reversible error in holding that Mr. Spotted Wolf's due process claim was either barred by res judicata or misuse of process or failed on the merits.
2. Whether the judge committed reversible error in holding that the insufficient actual basis argument was either barred by res judicata or misuse of process or failed on the merits.
3. Whether the judge committed reversible error in holding that ineffective assistance of counsel was barred by res judicata.


Appellee's Statement of the Issues:
Whether the trial court erred in finding the application for post-conviction relief was barred by res judicata or misuse of process.

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Docket entries:
112/10/2012 NOTICE OF APPEAL: 12/10/2012
212/10/2012 ORDER FOR TRANSCRIPT: 12/10/2012
312/12/2012 ACKNOWLEDGMENT OF ORDER FOR TRANSCRIPT BY COURT REPORTER BRITTA HELLAND
401/08/2013 ELEC. RECORD ON APPEAL DATED December 7, 2013 (ENTRY NOS.1-28)
501/08/2013 ELEC. RECORD ON APPEAL DATED December 7, 2013 (ENTRY NOS. 1-95) UNDERLYING CRIMINAL RECORD
601/22/2013 TRANSCRIPT DATED DECEMBER 7, 2012 & C.O.S.
701/22/2013 DISK TRA- (12/7/12) (e-mailed)
803/04/2013 APPELLANT BRIEF
903/04/2013 E-FILED BRIEF
1003/04/2013 APPELLANT APPENDIX
1103/04/2013 E-FILED APPENDIX
1203/22/2013 We received the $26.50 surcharge for the ATB & ATA
1303/25/2013 We received copies of the ATB & ATA from Central Duplicating
1404/04/2013 Received $1.00 surcharge for the ATA (receipt 21779)
1504/10/2013 REQUEST TO WAIVE ORAL ARGUMENT ON BEHALF OF APPELLEE
1604/02/2013 APPELLEE BRIEF
1704/02/2013 APPELLEE APPENDIX
1804/02/2013 DISK(AEB)(e-mailed)
1904/18/2013 NOTICE OF ORAL ARGUMENT SENT
2004/18/2013 ACTION BY SUPREME COURT (Request to waive oral argument by Appellee). Granted
2104/18/2013 S.CT. DETERMINED ORAL ARGUMENT NOT NECESSARY
2205/08/2013 APPEARANCES: Appellant waived under N.D.R.App.P. 34(a)(2); Appellee waived under 34(f)
2305/08/2013 ARGUED: Waived
2406/19/2013 DISPOSITION: AFFIRMED BY SUMMARY DISP.
2506/19/2013 UNANIMOUS OPINION: Per Curiam
2606/20/2013 Judgment Sent to Parties
2707/25/2013 MANDATE
2807/29/2013 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 10/21/2014