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Bell v. State

Docket No. 20010138
Oral Argument: Monday, October 29, 2001 10:45am

Docket Info

Title
Kyle Kenneth Bell, Petitioner and Appellant
v.
State of North Dakota, Respondent and Appellee
Case Type
CIVIL APPEAL : POST-CONVICTION RELIEF
Appeal From
Case No. 01-C-0820
East Central Judicial District, Cass County
Frank L. Racek
2001 ND 188636 N.W.2d 438
Oral Argument 10/29/2001

Highlight

A trial court may deny appointment of counsel for an indigent post-conviction applicant who is able to file an application without assistance, if the application, read in the light most favorable to the applicant, does not raise any substantial issue of law or fact.
It is a misuse of process to raise issues in a post-conviction application that were not raised in the original criminal prosecution, or, if raised, were not pursued in a properly perfected appeal.


Briefs

Filing Date Description
07/31/2001 APPELLANT BRIEF View
08/31/2001 APPELLEE BRIEF View
09/11/2001 REPLY BRIEF View

Counsel

Party Type Name
APPELLEE ASST. STATE'S ATTORNEY Mark Rainer Boening - 03797
APPELLEE ASST. STATE'S ATTORNEY Adam Wade Hamm - 05515

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

Seq. # Filing Date Description Attachment
1 05/31/2001 NOTICE OF APPEAL : 05/30/2001
2 06/18/2001 MOT. EXT/TIME APPELLANT BRIEF (letter from Mr. Bell dated 6-13-01)
3 06/19/2001 ACTION BY CLERK - Granted : 08/08/2001
4 06/26/2001 RECORD ON APPEAL and Record in State v. Bell (Cass Co. #CR-98-03403) (3 vols.) w/includes Exhibits
5 06/26/2001 & Transcripts (9) (Not rec'd: 4,32,&54(Felony Order-SA copy); 30,49,123,&136(Tapes); 110,222,228,
6 06/26/2001 & 231(Steno Notes); and 200,201,202,204,205,206,207,209,211,212,& 213 (Exhibits)
7 07/31/2001 APPELLANT BRIEF View
8 07/31/2001 APPELLANT APPENDIX w/Addendum of Relevant Statutes
9 08/07/2001 DISK NONCOMPLIANCE - Hand Written Brief (Scanned)
10 08/31/2001 APPELLEE BRIEF View
11 09/04/2001 DISK - AEB
12 09/11/2001 REPLY BRIEF View
13 09/11/2001 DISK NONCOMPLIANCE - Handwritten RYB (Scanned)
14 09/19/2001 MOTION FOR APPOINTMENT OF COUNSEL FOR ORAL ARGUMENT (letter dated September 11, 2001)
15 09/26/2001 Request for Radio/TV Coverage - ND Public Radio (e-mail from Jack McDonald) (AUTHORIZED)
16 09/26/2001 ACTION BY SUPREME COURT (MOT/counsel) - Denied
17 10/02/2001 Request for Radio/TV Coverage - KXMB-TV
18 10/04/2001 October 1, 2001 letter from Warden Schuetzle denying Mr. Bell's request to appear at oral argument
19 10/08/2001 Request for Radio/TV Coverage (AP) (e-mail from Dale Wetzel dated 10-01-01) (AUTHORIZED)
20 10/15/2001 Request for Radio/TV Coverage (KVLY-TV, Fargo) (e-mail from Jack McDonald dated 10-15-01) (approved
21 10/15/2001 as a pool camera)
22 10/16/2001 Copy of letter dated 10-15-01 from Jack McDonald to Mr. Bell re media coverage (KXMB-TV & KVLY-TV)&
23 10/16/2001 & informing him that Monty Mertz has entered an objection on his behalf (coverage authorized
24 10/16/2001 under AR 21)
25 10/22/2001 MOTION TO NOT ALLOW CASS CO. ASSISTANT STATES ATTORNEYS TO ARGUE AT ORAL ARGUMENT
26 10/22/2001 ACTION BY CHIEF JUSTICE - DENIED
27 10/29/2001 APPEARANCES: submitted on brief for AT; Adam W. Hamm, Mark R. Boening
28 10/29/2001 ARGUED: submitted on brief for AT; Hamm (Vol. X; Page 170)
29 10/29/2001 ORAL ARGUMENT WEBCAST
30 12/05/2001 DISPOSITION
31 12/05/2001 SPLIT OPINION : Kapsner, Carol Ronning View
32 12/05/2001 (CONCUR Specially) : Sandstrom, Dale V.
33 12/07/2001 Order/Judgment Mailed to Parties
34 12/28/2001 MANDATE
35 01/07/2001 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
36 08/29/2007 EXPUNGED - Nonpermanent record items destroyed