McMorrow v. State
- Patrick T. McMorrow, Petitioner and Appellant
State of North Dakota, Respondent and Appellee
- Case Type
- CIVIL APPEAL : POST-CONVICTION RELIEF
- Appeal From
Case No. 02-C-01471
East Central Judicial District, Cass County
Ralph Robert Erickson
An applicant for post-conviction relief has the burden of establishing grounds for relief.
A defendant alleging selective prosecution must show that the State has not generally prosecuted other similarly situated persons and that the State selected the defendant for prosecution for discriminatory reasons.
A defendant claiming ineffective assistance of counsel has the burden of proving counsel's performance was deficient and the deficient performance prejudiced the defendant.
A party waives an issue by not providing supporting argument, and without supportive reasoning or citations to relevant authorities, an argument is without merit.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
|Seq. #||Filing Date||Description||Attachment|
|1||01/06/2003||NOTICE OF APPEAL : 01/03/2003|
|2||01/06/2003||ORDER FOR TRANSCRIPT : 01/03/2003|
|3||02/24/2003||DISK - TRA of 12-20-03 (e-mailed)|
|4||02/21/2003||TRANSCRIPT DATED - 12-20-03|
|5||02/25/2003||RECORD ON APPEAL & Seprate #39 --Pl. Exh. 1 - transcript of proceedings in Larson v. McMorrow|
|6||02/25/2003||rec'd with these records were: Felony Schedule Orders (SA copies) & Tapes|
|9||04/03/2003||DISK - atb|
|11||05/05/2003||DISK - aeb (e-mailed)|
|12||05/29/2003||MOTION FOR WAIVER OF OA (letter dated 5-28-03 from Mr. Mertz stating AT & AE wish to waive OA)|
|13||05/30/2003||Letter dated 5-28-03 from Ms. Mickelson confirming that AT and AE wish to waive OA)|
|14||06/02/2003||ACTION BY SUPREME COURT (OA waived - AT/AE) - Granted|
|15||06/11/2003||APPEARANCES: submitted on briefs|
|16||06/11/2003||ARGUED: submitted on briefs (Vol. Y; Page 118)|
|18||08/20/2003||UNANIMOUS OPINION : Neumann, William A.||View|
|19||08/21/2003||Order/Judgment Mailed to Parties|
|21||09/15/2003||RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|
|22||10/29/2009||EXPUNGED - Nonpermanent record items destroyed|