Kovalevich v. State

Docket No. 20190024
Oral Argument: Waived

Docket Info

Title
Sean Michael Kovalevich, Petitioner and Appellant
v.
State of North Dakota, Respondent and Appellee
Case Type
CIVIL APPEAL : POST-CONVICTION RELIEF
Appeal From
Case No. 2017-CV-00957
Northeast Central Judicial District, Grand Forks County
John A. Thelen
2019 ND 210

Highlight

To prevail on a motion for a new trial on the grounds of newly discovered evidence, a defendant must show: (1) the evidence was discovered after trial, (2) the failure to learn about the evidence at the time of trial was not the result of the defendant’s lack of diligence, (3) the newly discovered evidence is material to the issues at trial, and (4) the weight and quality of the newly discovered evidence would likely result in an acquittal.


Briefs

Filing Date Description
02/19/2019 APPELLANT BRIEF View
03/21/2019 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLEE ASST. STATE'S ATTORNEY Meredith Huseby Larson - 06206
APPELLANT PRO SE Sean Michael Kovalevich

(Note: Attachments may not be available for recently filed cases and/or confidential documents.)

Seq. # Filing Date Description Attachment
1 01/17/2019 NOTICE OF APPEAL : 01/17/2019
2 01/18/2019 ANNOUNCED DISQUALIFICATION : Jensen, Jon J.
3 01/22/2019 This case is consolidated w/ 20190025. Make all entries except ROA, DIS, & MAN in this case.
4 01/22/2019 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
5 01/22/2019 Notice served on Sean M. Kovalevich and Meredith Huseby Larson
6 02/12/2019 ELEC. RECORD ON APPEAL DATED FEBRUARY 11, 2019 (ENTRY NOS. 1-110)
7 02/12/2019 ELEC. RECORD ON APPEAL DATED FEBRUARY 11, 2019 (ENTRY NOS. 1-18, 20-40, 293-296, 298-421)
8 02/12/2019 (NOT SENT: 41-292, 311)(UNDERLYING CRIMINAL)
9 02/19/2019 APPELLANT BRIEF View
10 02/19/2019 Paper Filed Document
11 02/19/2019 APPELLANT APPENDIX
12 02/19/2019 Paper Filed Document
13 03/11/2019 Rec'd non-substantive corrections for ATA(additional pages for docket)
14 03/21/2019 APPELLEE BRIEF View
15 03/25/2019 Rec'd $25 surcharge for AEB (receipt #26965)
16 03/26/2019 REQUEST TO WAIVE ORAL ARGUMENT ON BEHALF OF APPELLEE
17 03/27/2019 Rec'd 6 copies of AEB back from Central Duplicating
18 04/09/2019 No Appearance by Appellant to Oral Argument - Inmate/NDSP policy will not transport
19 04/09/2019 ACTION BY SUPREME COURT (request to waive oral argument on behalf of Appellee) - Granted
20 04/24/2019 SITTING WITH THE COURT : Jacobson, Paul W.
21 05/23/2019 APPEARANCES: Waived under N.D.R.App.P. 34(e) and (f)
22 05/23/2019 ARGUED: Waived under N.D.R.App.P. 34(e) and (f)
23 08/05/2019 DISPOSITION
24 08/05/2019 UNANIMOUS OPINION : VandeWalle, Gerald W. View
25 08/07/2019 Judgment Sent to Parties