Steinbach v. State
Docket Info
- Title
- Mark Steinbach, Petitioner and Appellant
v.
State of North Dakota, Respondent and Appellee - Case Type
- CIVIL APPEAL : POST-CONVICTION RELIEF
- Appeal From
-
Case No. 02-C-035
Southeast Judicial District, Eddy County
Ronald E. Goodman
Highlight
A trial court can summarily dispose of a post-conviction relief application for misuse of process. Process is misused when the defendant: (1) inexcusably fails to raise an issue on direct appeal and now seeks review in an application for post-conviction relief; (2) inexcusably fails to pursue an issue on appeal which was raised at the trial court; (3) inexcusably fails to raise an issue in an initial post-conviction relief application.
Although a party seeking a summary disposition bears the initial burden of showing there is no genuine issue of material fact, that burden may be shifted to the nonmoving party once the moving party points out to the district court there is an absence of evidence to support the nonmoving party's case.
Counsel
Party | Type | Name |
---|---|---|
APPELLEE | STATE'S ATTORNEY | Travis Scott Peterson - 05621 |
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
Seq. # | Filing Date | Description | Attachment |
---|---|---|---|
1 | 11/21/2002 | NOTICE OF APPEAL : 11/12/2002 | |
2 | 12/10/2002 | RECORD ON APPEAL | |
3 | 12/10/2002 | Record (Eddy Co. 99-C-2768) | |
4 | 12/10/2002 | Record (Eddy Co. 96-K-575) | |
5 | 12/10/2002 | Record (Eddy Co. 96-K-597) & Transcripts dated 11/15/96; 1/23/97; 2/3/97; 8/28/97; 5/20/97; and | |
6 | 12/10/2002 | 4/21/97 - 4/25/97(Not Rec'd) Exhibits which were part of #69 and #74(Pre-Sentence Investigation) | |
7 | 12/20/2002 | APPELLANT BRIEF | View |
8 | 12/20/2002 | APPELLANT APPENDIX | |
9 | 12/20/2002 | DISK - ATB | |
10 | 01/21/2003 | APPELLEE BRIEF | View |
11 | 01/21/2003 | APPELLEE APPENDIX | |
12 | 01/22/2003 | DISK - AEB | |
13 | 02/14/2003 | APPEARANCES: Steven M. Light; Travis S. Peterson | |
14 | 02/14/2003 | ARGUED: Light; Peterson (Vol. Y; Page 88) | |
15 | 02/14/2003 | ORAL ARGUMENT WEBCAST | |
16 | 03/26/2003 | DISPOSITION | |
17 | 03/26/2003 | SPLIT OPINION : Kapsner, Carol Ronning | View |
18 | 03/26/2003 | (CONCUR) : Neumann, William A. | |
19 | 03/26/2003 | (Join CONCUR) : Maring, Mary Muehlen | |
20 | 03/27/2003 | Judgment Mailed to Parties | |
21 | 04/08/2003 | PETITION FOR REHEARING | View |
22 | 04/08/2003 | Appendix for Petition for Rehearing | |
23 | 04/09/2003 | DISK - PER | |
24 | 04/15/2003 | ACTION BY SUPREME COURT (PER) - Denied | |
25 | 04/23/2003 | MANDATE | |
26 | 04/28/2003 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE | |
27 | 09/09/2008 | EXPUNGED - Nonpermanent record items destroyed |