State v. Atkins
Docket No. 20180411
Oral Argument:
Waived
Docket Info
- Title
- State of North Dakota, Plaintiff and Appellee
v.
Cody Michael Atkins, Defendant and Appellant - Case Type
- CIVIL APPEAL : POST-CONVICTION RELIEF
- Appeal From
-
Case No. 2014-CR-01844
Northeast Central Judicial District, Grand Forks County
John A. Thelen
2019 ND 145928 N.W.2d 441
Highlight
A defendant may not avoid the procedures of the Uniform Postconviction Procedure Act by designating his motion under a rule of criminal procedure or by filing his motion in his criminal file, rather than filing as a new action for post-conviction relief.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
Seq. # | Filing Date | Description | Attachment |
---|---|---|---|
1 | 11/19/2018 | NOTICE OF APPEAL : 11/19/2018 | |
2 | 11/19/2018 | ORDER FOR TRANSCRIPT : 11/21/2018 | |
3 | 11/20/2018 | NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV. | |
4 | 11/20/2018 | Notice served on Rhiannon Gorham and Meredith Larson | |
5 | 11/26/2018 | Rec'd Notice of Assignment of Counsel by Scott O. Diamond | |
6 | 12/18/2018 | ELEC. RECORD ON APPEAL DATED DECEMBER 17, 2018 (ENTRY NOS.1 - 179 AND 181 - 197)NOT REC'D #180 | |
7 | 01/09/2019 | ELEC. SUPP. RECORD ON APPEAL DATED JANUARY 8, 2019 (ENTRY NOS. 198-200) | |
8 | 01/09/2019 | ELECTRONIC TRANSCRIPT DATED MARCH 23, 2018, AUGUST 10, 2018, & C.O.S. | |
9 | 01/28/2019 | APPELLANT BRIEF | View |
10 | 01/28/2019 | E-FILED BRIEF | |
11 | 01/28/2019 | APPELLANT APPENDIX | |
12 | 01/28/2019 | E-FILED APPENDIX | |
13 | 02/01/2019 | Rec'd 6 copies of ATB from Central Duplicating. | |
14 | 02/01/2019 | Rec'd 6 copies of ATA from Central Duplicating. | |
15 | 02/04/2019 | Rec'd $25 ATB surcharge (Receipt No. 26882) | |
16 | 02/14/2019 | Rule 24 N.D.R.App.P. Supplemental Statement by Indigent Defendant | View |
17 | 02/20/2019 | APPELLEE BRIEF | View |
18 | 02/20/2019 | E-FILED BRIEF (PDF) | |
19 | 02/22/2019 | Rec'd $25 surcharge for AEB (receipt #26907) | |
20 | 02/25/2019 | REQUEST TO WAIVE ORAL ARGUMENT ON BEHALF OF APPELLEE | |
21 | 02/26/2019 | Rec'd 6 copies of AEB from Central Duplicating | |
22 | 03/12/2019 | REPLY BRIEF | View |
23 | 03/15/2019 | Rec'd 6 copies of RYB from CSD | |
24 | 03/15/2019 | ACTION BY SUPREME COURT (request to waive oral argument on behalf of Appellee) - Granted | |
25 | 03/15/2019 | ANNOUNCED DISQUALIFICATION : Jensen, Jon J. | |
26 | 03/19/2019 | NOTICE OF ORAL ARGUMENT SENT | |
27 | 03/19/2019 | REQUEST TO WAIVE ORAL ARGUMENT ON BEHALF OF APPELLANT | |
28 | 03/19/2019 | ACTION BY SUPREME COURT - Granted | |
29 | 03/21/2019 | SITTING WITH THE COURT : Lee, Gary H. | |
30 | 04/01/2019 | APPEARANCES: Waived under N.D.R.App.P. 34(f) | |
31 | 04/01/2019 | ARGUED: Waived under N.D.R.App.P. 34(f) | |
32 | 05/24/2019 | DISPOSITION | |
33 | 05/24/2019 | UNANIMOUS OPINION : McEvers, Lisa K. Fair | View |
34 | 05/24/2019 | Judgment Sent to Parties | |
35 | 05/28/2019 | Corrected/Substitute Opinion Page 4, Paragraph 11, Line 18: Insert is “(1)” as noted: | |
36 | 05/28/2019 | cont. N.D.C.C. § 29-32.1-01(1)(h) | |
37 | 06/17/2019 | MANDATE |