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: |
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Term: | 03/1993  Argument: 03/09/1993 | ||||||
NW cite: |
501 N.W.2d 325
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1 | 02/11/1992 NOTICE OF APPEAL: 02/10/1992 | |
2 | 02/26/1992 MOT. EXT/TIME APPELLANT BRIEF & BRIEF/SUPPORT | |
3 | 03/06/1992 ACTION BY SUPREME COURT. GRANTED | |
4 | 03/11/1992 RECORD ON APPEAL, TRANS. DATED 6-2-88; Partial transcript | |
5 | 03/11/1992 MR. BROWN'S OPENING STATEMENT DATED 9-27-88; TRANSCRIPT | |
6 | 03/11/1992 DATED JUNE 15, SEPT. 27-30, OCT. 3 & NOV. 9, 1988 (2 vols) | |
7 | 03/11/1992 & EXHIBITS (w/exception of State's Ex. 1 - plastic bag | |
8 | 03/11/1992 w/misc. I.D.'s) | |
9 | 03/12/1992 RESPONSE TO MOTION FOR APPOINTMENT OF COUNSEL w/ATTACHMENTS | |
10 | 03/17/1992 Letter from Court Reporter Kathy Knodel stating that she | |
11 | 03/17/1992 had not received an Order for Transcript in this case. | |
12 | 03/18/1992 ACTION BY SUPREME COURT (Mot/Appt of Counsel). DENIED | |
13 | 03/18/1992 (Court also adhered to its ext/time to file ATB) | |
14 | 03/25/1992 SUPPLEMENTAL CLERK'S CERT. DATED 3-24-92 (Entry Nos. 131-133) | |
15 | 03/30/1992 Request/Reconsideration of Mot/Appt/Counsel | |
16 | 03/30/1992 entitled "Petition for Rehearing" (copies made for justices | |
17 | 04/01/1992 ACTION BY SUPREME COURT (Reconsideration). DENIED | |
18 | 04/15/1992 MOTION to file less than required no. of ATB | |
19 | 04/15/1992 (Motion is in letter form - request is to file 2 copies) | |
20 | 04/15/1992 ACTION BY CHIEF JUSTICE. Granted | |
21 | 04/23/1992 PETITION FOR WRIT OF MANDAMUS (to be furnished | |
22 | 04/23/1992 complete trial transcript) | |
23 | 05/06/1992 ACTION BY SUPREME COURT (Writ/Mandamus of 4/23. DENIED | |
24 | 04/28/1992 Letter request to compel filing of the tran- | |
25 | 04/28/1992 script of the post-conviction hearing | |
26 | 05/06/1992 ACTION BY SUPREME COURT (post-conv. transcript. GRANTED | |
27 | 04/30/1992 MOTION FOR APPOINTMENT OF COUNSEL | |
28 | 05/06/1992 ACTION BY SUPREME COURT (adheres to previous. DENIED | |
29 | 05/06/1992 action denying any motion for appointment of counsel) | |
30 | 05/05/1992 PETITION FOR WRIT OF MANDAMUS (for release of | |
31 | 05/05/1992 Exhibit) | |
32 | 05/06/1992 ACTION BY SUPREME COURT (Writ/Mandamus of 5/5. DENIED | |
33 | 05/14/1992 Acknowledgment of Order for Transcript (tran. of post- | |
34 | 05/14/1992 conviction hearing will be prepared on or before 5/29/92) | |
35 | 05/29/1992 TRANSCRIPT DATED 1-13-92 | |
36 | 06/11/1992 Appellant Brief | |
37 | 07/07/1992 APPELLEE BRIEF | |
38 | 07/07/1992 is a request to submit case on brief and waive oral arg.) | |
39 | 07/07/1992 APPELLEE APPENDIX (does not contain a table of contents) | |
40 | 07/16/1992 Letter response from Mr. Stoppleworth dated 7/15/92 | |
41 | 07/16/1992 indicating he does NOT choose to waive oral argument | |
42 | 08/20/1992 Letter from Judge Medd dated 8-19-92, with letter from | |
43 | 08/20/1992 Asst. State's Atty Falck | |
44 | 08/20/1992 MOTION FOR Return or Transfer of Exhibit from | |
45 | 08/20/1992 ND Supreme Court | |
46 | 08/26/1992 ACTION BY SUPREME COURT. GRANTED | |
47 | 08/31/1992 Request for remand by the Hon. Joel D. Medd | |
48 | 08/31/1992 ORDER OF REMAND (NOTE: ROA, including Clerk's Cert. Nos. | |
49 | 08/31/1992 41-45; 48 & 50 (State's Ex. 2-6; 9 & 11) & Suppl. Clerk's | |
50 | 08/31/1992 dated 3-24-92 were remanded) | |
51 | 08/31/1992 ACTION BY CLERK | |
52 | 09/01/1992 LETTER FROM STOPPLEWORTH CONFIRMING POSTPONEMENT OF ORAL ARG. | |
53 | 09/01/1992 MEMORANDUM OPINION AND ORDER FROM TRIAL COURT(MOTION GRANTED) | |
54 | 01/20/1993 Objection to Memoranum Decision: pending in the trial court | |
55 | 02/03/1993 REFILED RECORD ON APPEAL AFTER REMAND, INCLUDING CLERK'S | |
56 | 02/03/1993 CERTIFICATE NOS. 41-45; 48 and 50 (NOTE: Entry Nos. 139- | |
57 | 02/03/1993 161 had not previously been filed with the Supreme Court) | |
58 | 02/03/1993 (ALSO, ENTRY NOS. 8-16; 20, 34, 51, 52, 53, 60, 74, & | |
59 | 02/03/1993 116 were not remanded with the Record on 9-1-92) | |
60 | 02/09/1993 Notice of Appeal filed in Sup.Ct. #930051 and consolidated | |
61 | 02/09/1993 with this case. Per Justice VandeWalle, request | |
62 | 02/09/1993 supplemental briefs on this issue. Document filed 2/11/93 | |
63 | 02/09/1993 is Appellant's Supplemental Brief--Appellee's Supplemental | |
64 | 02/09/1993 Brief due 2/25/93. Cases are on 3/93 Term. | |
65 | 02/11/1993 APPELLANT SUPPLEMENTAL BRIEF (entitled "On Appeal from | |
66 | 02/11/1993 Memorandum Decision Denying Further Testing") | |
67 | 02/18/1993 MOTION FOR STAY (of oral argument) | |
68 | 02/18/1993 ACTION BY CHIEF JUSTICE. DENIED | |
69 | 02/24/1993 APPELLEE SUPPLEMENTAL BRIEF (entitled "Appellee's Response | |
70 | 02/24/1993 to Appellant's Appeal of Trial Court's Denial of Further | |
71 | 02/24/1993 Testing") distributed to the Court | |
72 | 02/24/1993 MOTION TO WAIVE ORAL ARGUMENT OF BEHALF OF AE | |
73 | 03/02/1993 ACTION BY SUPREME COURT (by J. Neumann). GRANTED | |
74 | 03/08/1993 SUPPLEMENTAL CLERK'S CERT. DATED 3-05-93 (Entry Nos. 162-163) | |
75 | 03/08/1993 (NOTE: includes original NOA dated 2-03-93) | |
76 | 03/09/1993 APPEARANCES: Leo D. Stoppleworth, pro se--with prior leave | |
77 | 03/09/1993 of Court J.E. Rick Brown, Asst. State's Atty., waived oral | |
78 | 03/09/1993 argument on behalf of the Appellee | |
79 | 03/09/1993 ARGUED: Stoppleworth, pro se; submitted (Vol. T, pg. 98) | |
80 | 06/16/1993 DISPOSITION: AFFIRMED | |
81 | 06/16/1993 UNANIMOUS OPINION: Neumann, William A. | |
82 | 07/09/1993 MANDATE | |
83 | 04/11/2001 EXPUNGED - Nonpermanent record items destroyed |