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Greybull v. State

Docket No. 20040040
Oral Argument: Wednesday, May 12, 2004 4:00pm

Docket Info

Title
Danielle Greybull, Petitioner and Appellant
v.
State of North Dakota, Respondent and Appellee
Case Type
CIVIL APPEAL : POST-CONVICTION RELIEF
Appeal From
Case No. 03-C-01318
South Central Judicial District, Burleigh County
Thomas J. Schneider
2004 ND 116680 N.W.2d 254

Highlight

Raising issues in an application for post-conviction relief that were not raised on direct appeal or in prior applications for post-conviction relief, absent any showing of excuse or justification is an abuse of process.
Failure to show any excuse for not having raised the issue of untimely notice of intent to enhance sentence under the special dangerous offender statute in a prior proceeding makes raising the issue on post-conviction relief an abuse of process.


Briefs

Filing Date Description
03/08/2004 APPELLANT BRIEF View
04/12/2004 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLEE ASST. STATE'S ATTORNEY Cynthia Mae Feland - 04804
APPELLANT COURT APPOINTED Todd A. Schwarz - 04708

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

Seq. # Filing Date Description Attachment
1 02/03/2004 NOTICE OF APPEAL : 01/28/2004
2 02/25/2004 RECORD ON APPEAL
3 03/01/2004 Record in State v. Greybull (Burleigh Co. No. 96-K-01746), incl. Presentence Investigation,
4 03/01/2004 Instructions to the Jury; transcripts dated 6-24-96 (orig. & 1 copy); 2-04-97;4-14-97; 4-15-97;
5 03/01/2004 4-16-97; 6-23-97; & Def. Ex. 39-42 (Not rec'd were Clerk's Cert. No. 25 (State's Ex. 1); No. 30
6 03/01/2004 (Affidavit w/attachments-Def. Ex. 2); Def. Ex. 1 which is part of Cert. No. 31, and
7 03/01/2004 court reporter's notes)
8 03/04/2004 Records in Greybull v. State (Burleigh Co. Nos. 98-C-01964 and 99-C-01414)
9 03/08/2004 APPELLANT BRIEF View
10 03/08/2004 APPELLANT APPENDIX
11 03/08/2004 DISK - ATB
12 03/26/2004 MOT. EXT/TIME APPELLEE BRIEF
13 03/26/2004 ACTION BY Chief Deputy CLERK - Granted : 04/19/2004
14 04/12/2004 APPELLEE BRIEF View
15 04/12/2004 APPELLEE APPENDIX
16 04/12/2004 DISK of aeb
17 04/15/2004 Table of Contents for AEA
18 04/23/2004 Letter dated April 23, 2004, from Ms. Feland requesting that oral argument to be rescheduled
19 04/26/2004 ACTION BY SUPREME COURT - rescheduling denied - Denied
20 04/28/2004 Letter dated April 28, 2004, from Mr. Schwarz requesting waiver of argument by Appellant
21 04/28/2004 ACTION BY SUPREME COURT - waiver of Appellant's argument. - Granted
22 05/10/2004 Request to waive OA on behalf of AE (Cynthia Feland unable to attend)
23 05/10/2004 ACTION BY SUPREME COURT (OA waived on behalf of AE) - Granted
24 05/12/2004 APPEARANCES: submitted on brief
25 05/12/2004 ARGUED: submitted on briefs (Vol. Y; Page 241)
26 06/03/2004 DISPOSITION
27 06/03/2004 UNANIMOUS OPINION : Kapsner, Carol Ronning View
28 06/08/2004 Judgment Mailed to Parties
29 06/29/2004 MANDATE
30 07/08/2004 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
31 05/25/2011 EXPUNGED - Nonpermanent record items destroyed