Berlin v. State
Docket No. 20000076
Oral Argument:
Friday, September 15, 2000 2:45pm
Docket Info
- Title
- David Berlin, Petitioner and Appellant
v.
State of North Dakota, Respondent and Appellee - Case Type
- CIVIL APPEAL : POST-CONVICTION RELIEF
- Appeal From
-
Case No. CV-00-316
East Central Judicial District, Cass County
Michael O. McGuire
2000 ND 206619 N.W.2d 623
Highlight
To establish ineffective assistance of counsel, the defendant must prove the counsel's performance was deficient and the deficient performance prejudiced the result.
An application for post-conviction relief may be denied for misuse of process if the applicant presents a claim for relief which the applicant inexcusably failed to raise either in a proceeding leading to judgment of conviction and sentence or in a previous post-conviction proceeding.
Counsel
| Party | Type | Name |
|---|---|---|
| APPELLEE | STATE'S ATTORNEY | Birch Peterson Burdick - 05026 |
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
| Seq. # | Filing Date | Description | Attachment |
|---|---|---|---|
| 1 | 03/17/2000 | NOTICE OF APPEAL FILED IN THE TRIAL COURT ON MARCH 16, 2000 | |
| 2 | 04/04/2000 | Copy of letter from Judge McGuire regarding extension of time to file the Notice of Appeal | |
| 3 | 04/17/2000 | NOTICE OF APPEAL : 04/10/2000 | |
| 4 | 04/17/2000 | MOTION TO PERMIT FILING OF CARBON COPIES (see April 17, 1999 letter) | |
| 5 | 04/17/2000 | MOTION FOR COURT APPOINTED COUNSEL | |
| 6 | 04/18/2000 | RECORD ON APPEAL (NOTE: record on appeal from State v. Berlin (CR 97-3973, which incl. transcripts | |
| 7 | 04/18/2000 | dated 10-02-97 and 10-06-97, was also rec'd and filed) | |
| 8 | 04/19/2000 | NO ACTION TAKEN ON MOT. FOR COURT APPOINTED COUNSEL (REFERRED TO TRIAL COURT) | |
| 9 | 04/19/2000 | NO ACTION TAKEN ON FILING OF CARBON COPIES (See PM letter dated 4/20/2000) | |
| 10 | 05/08/2000 | CLERK'S SUPPLEMENTAL CERTIFICATE OF APPEAL DATED MAY 5, 2000 (Entry No's. 25 - 31) | |
| 11 | 05/11/2000 | MOT. EXT/TIME APPELLANT BRIEF | |
| 12 | 05/12/2000 | MOTION FOR REMAND FOR APPOINTMENT OF COUNSEL | |
| 13 | 05/12/2000 | ACTION BY CLERK (MOT/REMAND) - Granted | |
| 14 | 05/12/2000 | ACTION BY CLERK (MAT/BRIEFING SCHEDULE STAYED PENDING APPT OF COUNSEL) - Granted | |
| 15 | 05/15/2000 | Copy of Judge McGuire's order denying appointment of counsel | |
| 16 | 05/16/2000 | Clerk's Suppl. Certificates of Appeal dated 5-15-00, 5-12-00, & 5-05-00 (marked 1-3 and bound | |
| 17 | 05/16/2000 | together -- Entry Nos. 25-37) | |
| 18 | 05/16/2000 | State's Reply to Motion for Extension to File Appellant's Brief | |
| 19 | 05/16/2000 | MOTION FOR APPOINTMENT OF COUNSEL (Letter from David Berlin) | |
| 20 | 05/24/2000 | ACTION BY SUPREME COURT (MOT/appointment of counsel) - Denied | |
| 21 | 05/24/2000 | MOT. EXT/TIME APPELLANT BRIEF (sua sponte because of previous stay) | |
| 22 | 05/24/2000 | ACTION BY CLERK (MAT/sua sponte) - Granted : 06/19/2000 | |
| 23 | 06/02/2000 | APPELLANT BRIEF | View |
| 24 | 06/02/2000 | APPELLANT APPENDIX | |
| 25 | 06/05/2000 | DISK NONCOMPLIANCE | |
| 26 | 07/05/2000 | APPELLEE BRIEF | View |
| 27 | 07/06/2000 | DISK - AEB | |
| 28 | 07/10/2000 | Letter from David Berlin dated 7-7-00 RE: status of case | |
| 29 | 07/11/2000 | Corrected T.O.A. & pages 2-14 for AEB (inserted in AEB) | |
| 30 | 07/11/2000 | DISK - AEB (corrected) | |
| 31 | 07/27/2000 | MOTION TO WAIVE OA (AT) - letter dated 8-01-00 from David Berlin | |
| 32 | 08/04/2000 | ACTION BY CHIEF JUSTICE (OA waived - AT) - Granted | |
| 33 | 09/15/2000 | APPEARANCES: submitted on brief for AT; Birch P. Burdick, State's Attorney, moved for the limited | |
| 34 | 09/15/2000 | admission of Justin J. Schwarz under the rules governing the limited practice of law by law | |
| 35 | 09/15/2000 | students. Hearing no objection, Chief Justice VandeWalle granted the motion. Justin J. Schwarz | |
| 36 | 09/15/2000 | ARGUED: submitted on brief for AT; Justin J. Schwarz (Vol. X; page 58) | |
| 37 | 09/27/2000 | Letter from David Berlin dated 9-25-00 RE: New address | |
| 38 | 12/07/2000 | DISPOSITION | |
| 39 | 12/07/2000 | UNANIMOUS OPINION : VandeWalle, Gerald W. | View |
| 40 | 12/11/2000 | Order/Judgment Mailed to Parties | |
| 41 | 12/14/2000 | PETITION FOR REHEARING (white covers) | View |
| 42 | 12/18/2000 | DISK NONCOMPLIANCE (Pet/Rehearing) | |
| 43 | 12/21/2000 | ACTION BY SUPREME COURT (PER) - Denied | |
| 44 | 01/03/2001 | MANDATE | |
| 45 | 01/10/2001 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE | |
| 46 | 05/15/2007 | EXPUNGED - Nonpermanent record items destroyed |