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Greywind v. State

Docket No. 20040080
Oral Argument: Tuesday, October 5, 2004 1:30pm

Docket Info

Title
John Willard Greywind, Petitioner and Appellant
v.
State of North Dakota, Respondent and Appellee
Case Type
CIVIL APPEAL : POST-CONVICTION RELIEF
Appeal From
Case No. 03-C-02296
East Central Judicial District, Cass County
Frank L. Racek
2004 ND 213689 N.W.2d 390
Oral Argument 10/5/2004

Highlight

Informing a defendant of the prospect of receiving a harsher sentence if he were to go to trial is not coercion sufficient to render a guilty plea involuntary.
If a defendant pled guilty knowingly and voluntarily, he cannot show actual prejudice resulted from his trial attorney's failure to more thoroughly investigate the case before he pled guilty.
Recantation is looked upon by courts with suspicion and disfavor.

Briefs

Filing Date Description
07/28/2004 APPELLANT BRIEF View
08/30/2004 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLEE STATE'S ATTORNEY Birch Peterson Burdick - 05026

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

Seq. # Filing Date Description Attachment
1 03/25/2004 NOTICE OF APPEAL : 03/25/2004
2 03/29/2004 Received Notice of Filing of Notice of Appeal from District Court.
3 04/28/2004 RECORD ON APPEAL including separates 60, 61, 62 (videotapes)(not sent - steno notes)
4 04/28/2004 Clerk's Cert. of Record in criminal 99-K-02970 w/separate 29 (transcript)(not rec'd steno notes
5 04/28/2004 and tapes and #5 (copy of felony scheduling order to State's Attorney))
6 04/28/2004 Clerk's Cert. of Record in criminal 99-K-02279 w/separates 64, 75, 76 (transcripts)
7 04/28/2004 (not received were steno notes & tapes & State's Attorney copies of felony scheduling orders)
8 05/04/2004 MOT. EXT/TIME APPELLANT BRIEF
9 05/04/2004 ACTION BY CLERK (MAT) - Granted : 06/03/2004
10 05/07/2004 State's Reply to Request for Extension of Time - no objection
11 05/20/2004 Transcript dated January 22 and 26, 2004 (in one volume)
12 05/24/2004 DISK of transcript dated January 22 & 26, 2004
13 05/27/2004 MOT. EXT/TIME APPELLANT BRIEF
14 05/27/2004 ACTION BY CHIEF JUSTICE - Granted : 07/03/2004
15 06/04/2004 Reply to Second Motion for Enlargment of Time to File Brief of Appellant
16 06/08/2004 Supplemental Clerk's Cert. dated 6-07-04 in criminal 99-K-02970 (Entry Nos. 32-35)
17 06/08/2004 Supplemental Clerk's Cert. dated 6-07-04 in criminal 99-K-02279 (Entry Nos. 78-81)
18 06/11/2004 Copy of Motion filed in the trial court by AT
19 06/21/2004 Supplemental Clerk's Cert. dated 6-21-04 in criminal 99-K-02279 (Entry Nos. 82-84)
20 06/30/2004 MOT. EXT/TIME APPELLANT BRIEF
21 06/30/2004 ACTION BY CHIEF JUSTICE - Granted : 07/12/2004
22 07/09/2004 MOTION TO STAY PROCEEDINGS PENDING APPEAL OF DISTRICT COURT DECISION REGARDING NEEDED TRANSCRIPTS,
23 07/09/2004 and PETITION FOR WRIT OF MANDAMUS/SUPERVISORY WRIT with attachments
24 07/09/2004 NO ACTION TAKEN (Motion for Stay and Petition for Writ)
25 07/09/2004 MOT. EXT/TIME APPELLANT BRIEF (Sua Sponte)
26 07/09/2004 ACTION BY CHIEF JUSTICE (Sua Sponte MAT) - Granted : 07/28/2004
27 07/28/2004 APPELLANT BRIEF View
28 07/28/2004 APPELLANT APPENDIX
29 07/28/2004 DISK - atb (e-mailed)
30 08/09/2004 Certificate of Service dated 8-3-04 RE: Service of ATB & ATA on Birch Burdick
31 08/09/2004 Copies of Judgment filed 2-9-04 for ATA
32 08/30/2004 APPELLEE BRIEF View
33 08/31/2004 DISK - aeb
34 10/05/2004 APPEARANCES: John Willard Greywind (accompanied by Mr. Theurer and Mr. McGonigal; Birch P. Burdick
35 10/05/2004 ARGUED: Greywind; Burdick (Vol. Z; Page 35)
36 10/05/2004 ORAL ARGUMENT WEBCAST
37 11/19/2004 DISPOSITION
38 11/19/2004 UNANIMOUS OPINION : Kapsner, Carol Ronning View
39 11/19/2004 Corrected/Substitute Opinion Title Page
40 11/22/2004 Judgment Mailed to Parties
41 12/13/2004 MANDATE
42 12/15/2004 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
43 06/03/2011 EXPUNGED - Nonpermanent record items destroyed