State v. Carpenter

20130014 State of North Dakota, Plaintiff and Appellee
v.
Joseph Anthony Carpenter, Defendant and Appellant

Appeal from: District Court, South Central Judicial District, McLean County
Judge Bruce A. Romanick
Nature of Action: Post-Conviction Relief
Counsel:
Appellant: Russell John Myhre
Appellee: Ladd Ronald Erickson , State's Attorney
Term: 06/2013   Argument: 06/17/2013  2:45pm
ND cite: 2013 ND 115
NW cite: 837 N.W.2d 159

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Issues: Appellant's Statement of the Issues:
Whether the trial court's denial of Defendant's Petition for Post-Conviction Relief on the grounds of ineffective assistance of counsel was an abuse of discretion and clearly erroneous, where a plea agreement had been previously presented and rejected prior to trial, the prosecutor filed a motion to enhance the defendant's sentence as a habitual offender the day immediately prior to trial which was subsequently appealed, reversed, and remanded on a previous appeal for lack of timeliness; the defendant's attorney did not inquire whether the previous plea offer was still open; did not advise the defendant regarding the import about how a motion to enhance sentence might impact the defendant; did not ascertain that the plea offer was still open; and the defendant instead went to trial, was convicted, and given an enhanced sentence.

Appellee's Statement of the Issues:
Whether the trial court properly denied the petition for post conviction relief because there was not any ineffective assistance of counsel and the petitioner was not prejudiced by any advisements or lack of advisements by his attorney.

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Docket entries:
101/14/2013 NOTICE OF APPEAL: 01/10/2013
201/14/2013 ORDER FOR TRANSCRIPT: 12/18/2012
301/15/2013 MOT. EXT/TIME TRANSCRIPT (sua sponte due to OTR being filed prior to NOA)
401/15/2013 ACTION BY CLERK (sua sponte due to OTR being filed prior to NOA). Granted: 03/01/2013
502/21/2013 ELEC. RECORD ON APPEAL DATED February 20, 2013 (ENTRY NOS. 1-105)
602/26/2013 TRANSCRIPT DATED December 17, 2012 & C.O.S.
702/26/2013 DISK-TRA (12-17-12) (e-mailed)
803/13/2013 AMENDED ELEC. RECORD ON APPEAL DATED March 13, 2013 (ENTRY NOS. 1-11, 13-28, 42-78, 80-106)
903/13/2013 Items not sent (Entry Nos. 12 (deleted), 29-41 (Exhibits) & 79 (deleted))
1004/05/2013 APPELLANT BRIEF
1104/05/2013 E-FILED BRIEF
1204/05/2013 APPELLANT APPENDIX
1304/05/2013 E-FILED APPENDIX
1404/08/2013 Rcv'd $25 surcharge for ATB (receipt #21784)
1504/12/2013 Rcv'd nonsubstantive corrections to ATB & ATA (county name and file number)
1604/17/2013 Rcv'd 7 copies of ATB & 6 copies of ATA from CSD
1705/06/2013 APPELLEE BRIEF
1805/06/2013 DISK (e-mailed)
1905/07/2013 REQUEST TO WAIVE ORAL ARGUMENT BY APPELLEE
2005/07/2013 E-FILED MOTION
2105/10/2013 SECOND REQUEST TO WAIVE ORAL ARGUMENT BY APPELLEE
2205/10/2013 E-FILED MOTION
2305/16/2013 NOTICE OF ORAL ARGUMENT SENT
2405/20/2013 NO ACTION TAKEN (5/7/13 Request to Waive by Appellee). Granted
2505/20/2013 ACTION BY SUPREME COURT (5/10/13 Request to Waive by Appellee). Granted
2606/17/2013 APPEARANCES: Russell J. Myhre; Appellee waived under N.D.R.App.P. 34(f)
2706/17/2013 ARGUED: Russell J. Myhre; Appellee waived
2806/17/2013 ORAL ARGUMENT WEBCAST
2907/18/2013 DISPOSITION: AFFIRMED BY SUMMARY DISP.
3007/18/2013 UNANIMOUS OPINION: Per Curiam
3107/19/2013 Judgment Sent to Parties
3208/16/2013 MANDATE
3308/27/2013 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 07/25/2014