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.
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 |