Flanagan v. State
Docket Info
- Title
- David Flanagan, Petitioner and Appellant
v.
State of North Dakota, Respondent and Appellee - Case Type
- CIVIL APPEAL : POST-CONVICTION RELIEF
- Appeal From
-
Case No. 02-K-03357
South Central Judicial District, Burleigh County
Bruce B. Haskell
Highlight
An application for post-conviction relief may be denied as res judicata if the claim is a variation of a claim that was fully and finally determined in a previous proceeding.
A defendant claiming ineffective assistance of counsel must establish counsel's representation fell below an objective standard of reasonableness and the defendant was prejudiced by counsel's deficient performance.
To establish prejudice, a defendant must establish a reasonable probability that but for counsel's errors the result of the criminal proceeding would have been different, and a reasonable probability is a probability sufficient to undermine confidence in the outcome of the criminal proceeding.
Counsel
Party | Type | Name |
---|---|---|
APPELLEE | ASST. STATE'S ATTORNEY | Lloyd Clayton Suhr - 05405 |
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
Seq. # | Filing Date | Description | Attachment |
---|---|---|---|
1 | 07/07/2005 | NOTICE OF APPEAL : 07/01/2005 | |
2 | 07/07/2005 | ORDER FOR TRANSCRIPT : 07/01/2005 | |
3 | 07/11/2005 | ACKNOWLEDGMENT OF OTR & REQUEST FOR RETENTION OF RECORD ON APPEAL : 08/20/2005 | |
4 | 07/21/2005 | TRANSCRIPT DATED May 31, 2005 | |
5 | 07/21/2005 | DISK of tra | |
6 | 07/22/2005 | RECORD ON APPEAL & Transcripts (3) (NOT REC'D: #78 & 101 -- Court Reporter Notes) | |
7 | 08/29/2005 | MOT. EXT/TIME APPELLANT BRIEF | |
8 | 08/29/2005 | ACTION BY CLERK (MAT) - Granted : 09/29/2005 | |
9 | 09/29/2005 | APPELLANT BRIEF | View |
10 | 09/29/2005 | E-FILED BRIEF (ATB) | |
11 | 09/29/2005 | APPELLANT APPENDIX | |
12 | 09/29/2005 | E-FILED APPENDIX (ATA) | |
13 | 10/03/2005 | Payment of $25 surcharge for ATB (Receipt #16315) | |
14 | 10/07/2005 | 6 cc of ATA rec'd from Central Duplicating | |
15 | 10/07/2005 | 7 cc of ATB rece'd from Central Duplicating | |
16 | 10/28/2005 | APPELLEE BRIEF | View |
17 | 10/28/2005 | DISK - aeb (e-mailed) | |
18 | 12/12/2005 | APPEARANCES: Chad R. McCabe, David Flanagan; Lloyd C. Suhr | |
19 | 12/12/2005 | ARGUED: McCabe; Suhr | |
20 | 12/12/2005 | ORAL ARGUMENT WEBCAST | |
21 | 04/19/2006 | DISPOSITION | |
22 | 04/19/2006 | UNANIMOUS OPINION : Maring, Mary Muehlen | View |
23 | 04/20/2006 | Judgment Mailed to Parties | |
24 | 05/16/2006 | MANDATE | |
25 | 05/18/2006 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE | |
26 | 11/19/2015 | EXPUNGED - Nonpermanent record items destroyed |