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Eagleman v. State

Docket No. 20030149
Oral Argument: Monday, December 15, 2003 2:45pm

Docket Info

Title
Matthew Eagleman, Petitioner and Appellant
v.
State of North Dakota, Respondent and Appellee
Case Type
CIVIL APPEAL : POST-CONVICTION RELIEF
Appeal From
Case No. 02-K-474
Northeast Judicial District, Ramsey County
Donovan John Foughty
2004 ND 6673 N.W.2d 241
Oral Argument 12/15/2003

Highlight

The movant for summary disposition of a petition for post-conviction relief bears the burden of showing there is no dispute as to either the material facts or the inferences to be drawn from undisputed facts and that the movant is entitled to judgment as a matter of law.
Ordinarily, a claim of ineffective assistance of counsel should be resolved in a post-conviction relief proceeding so the parties can fully develop a record on the issue of counsel's performance and the impact on the defendant's case.
An unconditional guilty plea constitutes an admission of all the essential elements of the crime charged, including admission of jurisdictional facts.

Briefs

Filing Date Description
08/19/2003 APPELLANT BRIEF View
11/03/2003 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLANT COURT APPOINTED Robert Charles Fleming - 05598
APPELLEE STATE'S ATTORNEY Lonnie Olson - 04526

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

Seq. # Filing Date Description Attachment
1 05/23/2003 NOTICE OF APPEAL : 05/21/2003
2 05/23/2003 ORDER FOR TRANSCRIPT : 05/21/2003
3 05/23/2003 Faxed copy of Notice of Appointment of Robert Fleming
4 06/19/2003 RECORD ON APPEAL
5 06/30/2003 MOT. EXT/TIME APPELLANT BRIEF (faxed)
6 06/30/2003 NO ACTION TAKEN (MAT unnecessary; OTR was timely filed)
7 07/03/2003 Clerk's Supplemental Certificate of ROA with entries 70(transcript dated Sept. 19, 2002) & 71
8 07/08/2003 Copy of e-mail from Robert Fleming to Wendy Asperheim RE: Trans. matter
9 07/24/2003 MOT. EXT/TIME APPELLANT BRIEF (sua sponte; 40 days from receipt of TRA)
10 07/24/2003 ACTION BY CLERK (sua sponte) - Granted : 08/11/2003
11 07/24/2003 DISK - Transcript (emailed)
12 07/25/2003 Clerk's Supplemental Certificate of ROA dated July 24, 2003, with entries 72 - 75 attached
13 08/12/2003 E-filed Brief of Appellant was received and corrections to table of authorities & page(s) requested
14 08/19/2003 MOT. EXT/TIME APPELLANT BRIEF (no MAT)
15 08/19/2003 ACTION BY CLERK (MAT) (sua sponte) - Granted : 08/19/2003
16 08/19/2003 APPELLANT BRIEF View
17 08/19/2003 E-FILED BRIEF (ATB)
18 09/03/2003 Efiled Brief submitted 8-19-03 withdrawn for failure to pay electronic filing surcharge
19 09/09/2003 Certification of Service on 8-19-03, of the Amended ATB on opposing counsel (e-filed)
20 09/09/2003 MOTION For Extension of Time to file $25 surcharge & Appellant's Appendix
21 09/09/2003 E-FILED MOTION for Ext/Time
22 09/10/2003 ACTION BY CHIEF JUSTICE - Granted : 09/10/2003
23 09/10/2003 Payment of $25 surcharge for electronic filing of ATB (Receipt #15207)
24 09/10/2003 Refiled Appellant's Brief
25 09/11/2003 Supplemental Clerk's Certificate dated 9-10-03 (Entry Nos. 76-79)
26 10/17/2003 MOT. EXT/TIME APPELLEE BRIEF
27 10/17/2003 ACTION BY SUPREME COURT (w/understanding on December Term) - Granted : 11/14/2003
28 11/03/2003 APPELLEE BRIEF View
29 11/04/2003 DISK - AEB
30 11/28/2003 Request for Waiver of Oral Argument on Behalf of State
31 12/01/2003 ACTION BY SUPREME COURT (Oral Argument on behalf of AE will not be waived) - Denied
32 12/02/2003 APPELLANT APPENDIX
33 12/16/2003 APPEARANCES: Robert C. Fleming; Lonnie Olson
34 12/16/2003 ARGUED: Fleming; Olson (Vol. Y; Page 186)
35 12/16/2003 ORAL ARGUMENT WEBCAST
36 01/14/2004 DISPOSITION
37 01/14/2004 UNANIMOUS OPINION : Neumann, William A. View
38 01/15/2004 Judgment Mailed to Parties
39 02/05/2004 MANDATE
40 02/09/2004 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
41 10/05/2010 EXPUNGED - Nonpermanent record items destroyed