State v. Raulston
Docket Info
- Title
- State of North Dakota, Plaintiff and Appellee
v.
Clyde Raulston, Defendant and Appellant - Case Type
- CRIMINAL APPEAL : ASSAULT
- Appeal From
-
Case No. 04-K-00707
Northwest Judicial District, Williams County
David W. Nelson
Highlight
A sentence is not illegal if, during the judge's oral pronouncement of the sentence, he states a hypothetical that could not come to fruition.
A defendant need not be informed of an 85 percent service requirement for a guilty plea to be knowingly, intelligently, and voluntarily entered, as such a requirement is a parole condition rather than a mandatory minimum sentence.
An ineffective assistance of counsel claim fails when an attorney's performance--deficient or not--does not prejudice a defendant, due to the overwhelming evidence favoring the defendant's guilt.
The State may respond to an application for post-conviction relief within the time allowed by the court.
The district court's failure to make explicit findings and conclusions in its denial of post-conviction relief is harmless error based on the ample evidence within the record.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
Seq. # | Filing Date | Description | Attachment |
---|---|---|---|
1 | 05/10/2005 | NOTICE OF APPEAL : 05/09/2005 | |
2 | 05/10/2005 | ORDER FOR TRANSCRIPT : 05/09/2005 | |
3 | 05/10/2005 | THIS CASE IS CONSOLIDATED W/20050160 20050161. MAKE ALL ENTRIES EXCEPT DIS & MAN IN THIS CASE | |
4 | 05/18/2005 | TRANSCRIPT DATED DECEMBER 17, 2004 | |
5 | 05/18/2005 | DISK - TRA's of December 17, 2004 & December 8, 2004 (E-mailed) | |
6 | 05/19/2005 | TRANSCRIPT DATED DECEMBER 8, 2004 | |
7 | 06/07/2005 | RECORD ON APPEAL, w/exception of Clerk's Cert. Nos. 7, 9, 11, 17, 19, & 25 (Ct. Recorder Logs) | |
8 | 06/15/2005 | MOT. EXT/TIME APPELLANT BRIEF | |
9 | 06/15/2005 | ACTION BY CLERK (MAT) - Granted : 07/08/2005 | |
10 | 06/15/2005 | E-FILED MOTION (MAT) | |
11 | 06/30/2005 | MOT. EXT/TIME APPELLANT BRIEF | |
12 | 06/30/2005 | ACTION BY CLERK (MAT) - Granted : 07/12/2005 | |
13 | 07/07/2005 | Supplemental Clerk's Certificate dated 7-6-05 (entry Nos. 51, 52, & 53) | |
14 | 07/12/2005 | APPELLANT BRIEF | View |
15 | 07/12/2005 | APPELLANT APPENDIX | |
16 | 07/20/2005 | Corrected title page for the Appellant's Brief | |
17 | 07/20/2005 | Corrected title page for the Appellant's Appendix & Affidavit of Service by mail | |
18 | 07/20/2005 | DISK - ATB | |
19 | 07/22/2005 | MOT. EXT/TIME APPELLEE BRIEF & Affidavit in Support | |
20 | 07/22/2005 | ACTION BY CLERK (MAE) - Granted : 08/29/2005 | |
21 | 07/25/2005 | Supplemental Clerk's Certificate dated 7/21/05 (Entry Nos. 54 & 55) | |
22 | 08/25/2005 | APPELLEE BRIEF | View |
23 | 08/30/2005 | Letter from Clyde Roulston dated 8-26-05 RE: Status of appeal | |
24 | 09/07/2005 | Corrected covers for Appellee's Brief | |
25 | 09/07/2005 | DISK - AEB | |
26 | 10/10/2005 | Letter dated 10-07-05 from Nicole Foster notifying us that the State is waiving OA | |
27 | 10/10/2005 | NO ACTION TAKEN | |
28 | 11/01/2005 | APPEARANCES: Eric P. Baumann; Nicole E. Foster | |
29 | 11/01/2005 | ARGUED: Baumann; Foster | |
30 | 12/20/2005 | DISPOSITION | |
31 | 12/20/2005 | UNANIMOUS OPINION : Crothers, Daniel John | View |
32 | 12/21/2005 | Judgment Mailed to Parties | |
33 | 01/13/2006 | MANDATE | |
34 | 01/18/2006 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE | |
35 | 01/29/2015 | EXPUNGED - Nonpermanent record items destroyed |