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Matthews v. State

Docket No. 20050068
Oral Argument: Monday, October 24, 2005 4:00pm

Docket Info

Title
Anthony Charles Matthews, Petitioner and Appellant
v.
State of North Dakota, Respondent and Appellee
Case Type
CIVIL APPEAL : POST-CONVICTION RELIEF
Appeal From
Case No. 04-C-02161
East Central Judicial District, Cass County
Frank L. Racek
2005 ND 202706 N.W.2d 74

Highlight

Conclusory allegations that counsel failed to call certain witnesses without indicating what the testimony would have been, how it might have affected the outcome of the trial, or what prejudice may have resulted from the failure to call them, do not support a claim of ineffective assistance of counsel.
Ineffective assistance of counsel claims require a defendant to show that counsel's representation was objectively unreasonable and that the defendant was prejudiced by counsel's deficient performance.
A defendant must offer evidence of how any additional witnesses would have aided the defense's claim.


Briefs

Filing Date Description
04/28/2005 APPELLANT BRIEF View
05/31/2005 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLEE ASST. STATE'S ATTORNEY Reid Alan Brady - 05696
APPELLANT COURT APPOINTED Tracy Andrew Gompf - 05350

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

Seq. # Filing Date Description Attachment
1 02/25/2005 NOTICE OF APPEAL (amended) : 02/24/2005
2 02/25/2005 ORDER FOR TRANSCRIPT : 02/24/2005
3 03/24/2005 TRANSCRIPT DATED 1-28-05
4 03/28/2005 DISK - TRA dated 1-28-05
5 03/30/2005 RECORD ON APPEAL (also received record in 02-K-00578, State v. Matthews, w/transcripts (separate);
6 03/30/2005 not received in 02-K-00578, entries 5, 13, 25, 29, 32, 37, 39, 41, 47, 65))
7 03/30/2005 DISK - TRAs 05-22-02 and 09-20-02 (Rec'd w/record)
8 04/28/2005 APPELLANT BRIEF View
9 04/28/2005 APPELLANT APPENDIX
10 05/04/2005 Proof of Service for ATB
11 05/10/2005 Corrected TOA and p.8 for ATB
12 05/10/2005 DISK of ATB
13 05/31/2005 APPELLEE BRIEF View
14 05/31/2005 E-FILED BRIEF
15 05/31/2005 DISK - emailed (AEB)
16 05/31/2005 $25 surcharge for efiled AEB (receipt no. 16190)
17 05/31/2005 Copies made of AEB
18 09/26/2005 S.CT. DETERMINED ORAL ARGUMENT NOT NECESSARY
19 10/24/2005 APPEARANCES: waived under N.D.R.App.P. 34(a)(2) and submitted on briefs
20 10/24/2005 ARGUED: waived under N.D.R.App.P. 34(a)(2) and submitted on briefs
21 11/29/2005 DISPOSITION
22 11/29/2005 UNANIMOUS OPINION : Kapsner, Carol Ronning View
23 11/30/2005 Judgment Mailed to Parties
24 01/06/2006 MANDATE
25 01/11/2006 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
26 09/13/2012 EXPUNGED - Nonpermanent record items destroyed