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McMorrow v. State

Docket No. 20030007
Oral Argument: Wednesday, June 11, 2003 4:00pm

Docket Info

Title
Patrick T. McMorrow, Petitioner and Appellant
v.
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
2003 ND 134667 N.W.2d 577

Highlight

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.

Briefs

Filing Date Description
04/02/2003 APPELLANT BRIEF View
05/02/2003 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLANT COURT APPOINTED Monty Grant Mertz - 03778
APPELLEE ASST. STATE'S ATTORNEY Lori Sue Mickelson - 05188
APPELLEE ASST. STATE'S ATTORNEY Trent William Mahler - 05817

(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
7 04/02/2003 APPELLANT BRIEF View
8 04/02/2003 APPELLANT APPENDIX
9 04/03/2003 DISK - atb
10 05/02/2003 APPELLEE BRIEF View
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)
17 08/20/2003 DISPOSITION
18 08/20/2003 UNANIMOUS OPINION : Neumann, William A. View
19 08/21/2003 Order/Judgment Mailed to Parties
20 09/11/2003 MANDATE
21 09/15/2003 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
22 10/29/2009 EXPUNGED - Nonpermanent record items destroyed