Stoppleworth v. State

920035 Leo Daniel Stoppleworth, Petitioner and Appellant
v.
State of North Dakota, Respondent and Appellee

Appeal from: District Court, Northeast Central Judicial District, Grand Forks County
Judge Joel D. Medd
Nature of Action: Post-Conviction Relief
Counsel:
Appellant: Pro se
Appellee: J E Rick Brown , Asst. State's Attorney
Term: 03/1993   Argument: 03/09/1993  2:45pm
NW cite: 501 N.W.2d 325

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Docket entries:
102/11/1992 NOTICE OF APPEAL: 02/10/1992
202/26/1992 MOT. EXT/TIME APPELLANT BRIEF & BRIEF/SUPPORT
303/06/1992 ACTION BY SUPREME COURT. GRANTED
403/11/1992 RECORD ON APPEAL, TRANS. DATED 6-2-88; Partial transcript
503/11/1992 MR. BROWN'S OPENING STATEMENT DATED 9-27-88; TRANSCRIPT
603/11/1992 DATED JUNE 15, SEPT. 27-30, OCT. 3 & NOV. 9, 1988 (2 vols)
703/11/1992 & EXHIBITS (w/exception of State's Ex. 1 - plastic bag
803/11/1992 w/misc. I.D.'s)
903/12/1992 RESPONSE TO MOTION FOR APPOINTMENT OF COUNSEL w/ATTACHMENTS
1003/17/1992 Letter from Court Reporter Kathy Knodel stating that she
1103/17/1992 had not received an Order for Transcript in this case.
1203/18/1992 ACTION BY SUPREME COURT (Mot/Appt of Counsel). DENIED
1303/18/1992 (Court also adhered to its ext/time to file ATB)
1403/25/1992 SUPPLEMENTAL CLERK'S CERT. DATED 3-24-92 (Entry Nos. 131-133)
1503/30/1992 Request/Reconsideration of Mot/Appt/Counsel
1603/30/1992 entitled "Petition for Rehearing" (copies made for justices
1704/01/1992 ACTION BY SUPREME COURT (Reconsideration). DENIED
1804/15/1992 MOTION to file less than required no. of ATB
1904/15/1992 (Motion is in letter form - request is to file 2 copies)
2004/15/1992 ACTION BY CHIEF JUSTICE. Granted
2104/23/1992 PETITION FOR WRIT OF MANDAMUS (to be furnished
2204/23/1992 complete trial transcript)
2305/06/1992 ACTION BY SUPREME COURT (Writ/Mandamus of 4/23. DENIED
2404/28/1992 Letter request to compel filing of the tran-
2504/28/1992 script of the post-conviction hearing
2605/06/1992 ACTION BY SUPREME COURT (post-conv. transcript. GRANTED
2704/30/1992 MOTION FOR APPOINTMENT OF COUNSEL
2805/06/1992 ACTION BY SUPREME COURT (adheres to previous. DENIED
2905/06/1992 action denying any motion for appointment of counsel)
3005/05/1992 PETITION FOR WRIT OF MANDAMUS (for release of
3105/05/1992 Exhibit)
3205/06/1992 ACTION BY SUPREME COURT (Writ/Mandamus of 5/5. DENIED
3305/14/1992 Acknowledgment of Order for Transcript (tran. of post-
3405/14/1992 conviction hearing will be prepared on or before 5/29/92)
3505/29/1992 TRANSCRIPT DATED 1-13-92
3606/11/1992 Appellant Brief
3707/07/1992 APPELLEE BRIEF
3807/07/1992 is a request to submit case on brief and waive oral arg.)
3907/07/1992 APPELLEE APPENDIX (does not contain a table of contents)
4007/16/1992 Letter response from Mr. Stoppleworth dated 7/15/92
4107/16/1992 indicating he does NOT choose to waive oral argument
4208/20/1992 Letter from Judge Medd dated 8-19-92, with letter from
4308/20/1992 Asst. State's Atty Falck
4408/20/1992 MOTION FOR Return or Transfer of Exhibit from
4508/20/1992 ND Supreme Court
4608/26/1992 ACTION BY SUPREME COURT. GRANTED
4708/31/1992 Request for remand by the Hon. Joel D. Medd
4808/31/1992 ORDER OF REMAND (NOTE: ROA, including Clerk's Cert. Nos.
4908/31/1992 41-45; 48 & 50 (State's Ex. 2-6; 9 & 11) & Suppl. Clerk's
5008/31/1992 dated 3-24-92 were remanded)
5108/31/1992 ACTION BY CLERK
5209/01/1992 LETTER FROM STOPPLEWORTH CONFIRMING POSTPONEMENT OF ORAL ARG.
5309/01/1992 MEMORANDUM OPINION AND ORDER FROM TRIAL COURT(MOTION GRANTED)
5401/20/1993 Objection to Memoranum Decision: pending in the trial court
5502/03/1993 REFILED RECORD ON APPEAL AFTER REMAND, INCLUDING CLERK'S
5602/03/1993 CERTIFICATE NOS. 41-45; 48 and 50 (NOTE: Entry Nos. 139-
5702/03/1993 161 had not previously been filed with the Supreme Court)
5802/03/1993 (ALSO, ENTRY NOS. 8-16; 20, 34, 51, 52, 53, 60, 74, &
5902/03/1993 116 were not remanded with the Record on 9-1-92)
6002/09/1993 Notice of Appeal filed in Sup.Ct. #930051 and consolidated
6102/09/1993 with this case. Per Justice VandeWalle, request
6202/09/1993 supplemental briefs on this issue. Document filed 2/11/93
6302/09/1993 is Appellant's Supplemental Brief--Appellee's Supplemental
6402/09/1993 Brief due 2/25/93. Cases are on 3/93 Term.
6502/11/1993 APPELLANT SUPPLEMENTAL BRIEF (entitled "On Appeal from
6602/11/1993 Memorandum Decision Denying Further Testing")
6702/18/1993 MOTION FOR STAY (of oral argument)
6802/18/1993 ACTION BY CHIEF JUSTICE. DENIED
6902/24/1993 APPELLEE SUPPLEMENTAL BRIEF (entitled "Appellee's Response
7002/24/1993 to Appellant's Appeal of Trial Court's Denial of Further
7102/24/1993 Testing") distributed to the Court
7202/24/1993 MOTION TO WAIVE ORAL ARGUMENT OF BEHALF OF AE
7303/02/1993 ACTION BY SUPREME COURT (by J. Neumann). GRANTED
7403/08/1993 SUPPLEMENTAL CLERK'S CERT. DATED 3-05-93 (Entry Nos. 162-163)
7503/08/1993 (NOTE: includes original NOA dated 2-03-93)
7603/09/1993 APPEARANCES: Leo D. Stoppleworth, pro se--with prior leave
7703/09/1993 of Court J.E. Rick Brown, Asst. State's Atty., waived oral
7803/09/1993 argument on behalf of the Appellee
7903/09/1993 ARGUED: Stoppleworth, pro se; submitted (Vol. T, pg. 98)
8006/16/1993 DISPOSITION: AFFIRMED
8106/16/1993 UNANIMOUS OPINION: Neumann, William A.
8207/09/1993 MANDATE
8304/11/2001 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 10/31/2014