Parizek v. State
Docket No. 20050260
Oral Argument:
Monday, February 6, 2006 4:00pm
Docket Info
- Title
- Steve Lee Parizek, Petitioner and Appellant
v.
State of North Dakota, Respondent and Appellee - Case Type
- CIVIL APPEAL : POST-CONVICTION RELIEF
- Appeal From
-
Case No. 02-K-00982
Northeast Judicial District, Ramsey County
Lee A. Christofferson
2006 ND 61711 N.W.2d 178
Highlight
Before the district court may summarily dismiss an application for post-conviction relief, the State's response to the application must be sufficient to put the applicant on his proof, shifting the burden to require the applicant to produce competent evidence to support his claims prior to the evidentiary hearing.
To justify summary dismissal of an application for post-conviction relief, the district court must find the applicant's claims invalid on their face.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
| Seq. # | Filing Date | Description | Attachment |
|---|---|---|---|
| 1 | 08/02/2005 | NOTICE OF APPEAL : 08/01/2005 | |
| 2 | 08/02/2005 | This case is consolidated w/20050261 & 20050262; make all entries except DIS and MAN in this case | |
| 3 | 08/25/2005 | Letter from Judge Christofferson to Mr. Johnston dated 8-24-05 RE: court appointed counsel | |
| 4 | 08/26/2005 | RECORD ON APPEAL (Not rec'd: Nos. 71 through 113 -- State's Exhibits 1-39) | |
| 5 | 09/09/2005 | MOT. EXT/TIME APPELLANT BRIEF (faxed) | |
| 6 | 09/09/2005 | E-FILED MOTION (Mot/Ext/ATB) | |
| 7 | 09/12/2005 | ACTION BY CLERK (Mot/Ext/ATB) (ATB due 40 days after TRA is filed; approx. 12-11-05) - Granted : 12/11/2005 | |
| 8 | 09/12/2005 | ORDER FOR TRANSCRIPT : 09/12/2005 | |
| 9 | 09/14/2005 | Clerk's Supp. Cert. of Record on Appeal with entries 183-187 attached | |
| 10 | 12/09/2005 | APPELLANT BRIEF | View |
| 11 | 12/09/2005 | E-FILED BRIEF (ATB) | |
| 12 | 12/12/2005 | APPELLANT APPENDIX | |
| 13 | 12/12/2005 | E-FILED APPENDIX (appellant) | |
| 14 | 12/12/2005 | Copies made of Appellant Appendix | |
| 15 | 12/23/2005 | Copies of ATB rec'd from Central Duplicating | |
| 16 | 12/27/2005 | SUPPLEMENTAL CLERK'S CERTIFICATE ON APPEAL | |
| 17 | 12/30/2005 | AMENDED SUPPLEMENTAL CLERK'S CERTIFICATE ON APPEAL (ENTRIES 188 THRU 194) | |
| 18 | 01/05/2006 | APPELLEE BRIEF | View |
| 19 | 01/13/2006 | Received copies of corrected Table of Authorities, and page 3 for Appellee's Brief | |
| 20 | 01/13/2006 | DISK - AEB | |
| 21 | 02/06/2006 | Faxed request for waiver of OA on behalf of Appellant (letter dated 2-06-06 from Mr. Johnston) | |
| 22 | 02/06/2006 | E-FILED MOTION (AT's request to waive) | |
| 23 | 02/06/2006 | ACTION BY CHIEF JUSTICE (AT's request to waive) - Granted | |
| 24 | 02/06/2006 | Motion for waiver of OA on behalf of AE | |
| 25 | 02/06/2006 | ACTION BY CHIEF JUSTICE (OA waived on behalf of AE) - Granted | |
| 26 | 02/06/2006 | APPEARANCES: oral argument waived under N.D.R.App.P. 34(f), submitted on briefs | |
| 27 | 02/06/2006 | ARGUED: oral argument waived under N.D.R.App.P. 34(f) and this matter submitted on briefs | |
| 28 | 03/29/2006 | DISPOSITION | |
| 29 | 03/29/2006 | UNANIMOUS OPINION : VandeWalle, Gerald W. | View |
| 30 | 04/04/2006 | Judgment Mailed to Parties | |
| 31 | 04/28/2006 | MANDATE | |
| 32 | 05/02/2006 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE | |
| 33 | 01/06/2016 | EXPUNGED - Nonpermanent record items destroyed |