Search Tips

State v. Jensen

Docket No. 20200295
Oral Argument: Tuesday, March 30, 2021 2:45 PM

Docket Info

Title
State of North Dakota, Plaintiff and Appellee
v.
Randy Scott Jensen, Defendant and Appellant
Case Type
CRIMINAL APPEAL : DRUGS/CONTRABAND
Appeal From
Case No. 2017-CR-02659
Northeast Central Judicial District, Grand Forks County
John A. Thelen
2021 ND 119962 N.W.2d 393
Oral Argument 3/30/2021

Highlight

When a defendant has previously filed an application for post-conviction relief, a subsequent motion filed under the Rules of Criminal Procedure will be treated as an application for post-conviction relief when the motion seeks to evade the boundaries of post-conviction proceedings.

On its own initiative, a court may enter a judgment denying a meritless application for post-conviction relief on any and all issues raised in the application before any response by the state. A district court’s summary dismissal of an application for post-conviction relief before a response by the State is analogous to dismissal of a civil complaint under N.D.R.Civ.P. 12(b) for failure to state a claim upon which relief can be granted.

A defendant may waive their speedy trial claim in four ways: (1) by failing to present the claim prior to or at the trial; (2) by entering a voluntary plea of guilty; (3) by failing to demand a prompt trial; or (4) by expressly consenting to the delay.


Briefs

Filing Date Description
12/16/2020 APPELLANT BRIEF View
01/14/2021 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLANT COURT APPOINTED Monty Grant Mertz - 03778
APPELLEE ASST. STATE'S ATTORNEY Carmell Faye Mattison - 06052

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

Seq. # Filing Date Description Attachment
1 11/06/2020 NOTICE OF APPEAL : 11/06/2020
2 11/12/2020 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
3 11/12/2020 Notice served on Randy S. Jensen and Carmell F. Mattison
4 11/13/2020 Kiara C. Kraus-Parr appointed to represent Appellant
5 12/02/2020 ELEC. RECORD ON APPEAL DATED DECEMBER 1, 2020 (ENTRY NOS.1-95 & 98-192)(NOT REC'D 93-97)
6 12/09/2020 Appealability to be briefed with the merits
7 12/16/2020 APPELLANT BRIEF View
8 12/16/2020 Oral Argument Request by Appellant
9 12/16/2020 APPELLANT APPENDIX
10 12/18/2020 Rec'd 5 copies of ATB and 4 copies of ATA back from CD
11 01/14/2021 APPELLEE BRIEF View
12 01/14/2021 Oral Argument Request by Appellee
13 01/14/2021 APPELLEE APPENDIX
14 01/15/2021 Rec'd written consent of Carmel Mattison for Kathryn Jund, 3rd year
15 01/19/2021 Rec'd 5 copies of AEB and 4 copies of AEA back from CD
16 01/20/2021 NOTICE OF ORAL ARGUMENT SENT
17 01/29/2021 MOTION TO WITHDRAW BY KRAUS-PARR
18 02/01/2021 ACTION BY CHIEF JUSTICE - Granted
19 02/05/2021 MOT FOR EXTENTION OF TIME TO FILE Rule 24 N.D.R.App.P. Supplemental Statement by Indigent Defendant
20 02/06/2021 ACTION BY CHIEF JUSTICE - Granted
21 02/06/2021 Rule 24 N.D.R.App.P. Supplemental Statement by Indigent Defendant View
22 02/17/2021 NOTICE OF ORAL ARGUMENT SENT
23 03/01/2021 Mail to Jensen at GFCC dated 2/9/21, 2/10/21 returned - Jensen now at Barnes Co. jail
24 03/01/2021 Monty G. Mertz assigned as counsel
25 03/30/2021 APPEARANCES: Monty G. Mertz; Carmell F. Mattison; Kathryn Jund, 3rd Year Law Student
26 03/30/2021 ARGUED: Monty G. Mertz; Kathryn Jund, 3rd Year Law Student
27 03/30/2021 ORAL ARGUMENT WEBCAST
28 07/08/2021 DISPOSITION
29 07/08/2021 UNANIMOUS OPINION : Jensen, Jon J. View
30 07/08/2021 Judgment
31 07/30/2021 MANDATE
32 09/13/2021 Corrected Opinion Page - Citation in paragraph 16 line 7