Stoppleworth v. State
v.
State of North Dakota, Respondent and Appellee
Judge Joel D. Medd
| Appellant: | Pro se | |
| Appellee: | J E Rick Brown , Asst. State's Attorney |
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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 2:45pm | ||||||
| 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 |