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Rummer v. State

Docket No. 20050341
Oral Argument: Wednesday, April 12, 2006 1:30pm

Docket Info

Title
Werner Rümmer, f.k.a.
Werner Kunkel, Petitioner and Appellant
v.
State of North Dakota, Respondent and Appellee
Case Type
CIVIL APPEAL : POST-CONVICTION RELIEF
Appeal From
Case No. 95-K-4935
Northeast Judicial District, Ramsey County
M. Richard Geiger
2006 ND 216722 N.W.2d 528
Oral Argument 4/12/2006

Highlight

The petitioner has the burden of establishing grounds for post-conviction relief.
In order to prevail on a post-conviction claim for ineffective assistance of counsel, the petitioner has the heavy burden of proving: (1) counsel's representation fell below an objective standard of reasonableness, and (2) the defendant was prejudiced by counsel's deficient performance.
To establish a Brady violation, the defendant must prove: (1) the government possessed evidence favorable to the defendant; (2) the defendant did not possess the evidence and could not have obtained it with reasonable diligence; (3) the prosecution suppressed the evidence; and (4) a reasonable probability exists that the outcome of the proceedings would have been different if the evidence had been disclosed.
A foreign-national criminal defendant may waive any right to consular notification by failing to timely raise the issue.

Briefs

Filing Date Description
12/28/2005 APPELLANT BRIEF View
02/15/2006 APPELLEE BRIEF View
03/13/2006 REPLY BRIEF (e-filed) View

Counsel

Party Type Name
APPELLANT COURT APPOINTED Douglas Leo Broden - 04303
APPELLEE STATE'S ATTORNEY Lonnie Olson - 04526

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

Seq. # Filing Date Description Attachment
1 09/28/2005 NOTICE OF APPEAL : 09/27/2005
2 10/04/2005 ORDER FOR TRANSCRIPT : 09/29/2005
3 10/04/2005 RETENTION OF RECORD ON APPEAL (Margaret Campbell) : 11/18/2005
4 10/19/2005 RECORD ON APPEAL (4 vols.), Exhibits, & Transcripts (7)
5 11/18/2005 TRANSCRIPT DATED 3-2-05 thru 3-3-05
6 11/22/2005 DISK of tra dtd 32-2-05 thru 3-3-05 (e-mailed)
7 12/28/2005 APPELLANT BRIEF View
8 12/28/2005 E-FILED BRIEF
9 12/29/2005 APPELLANT APPENDIX (Vols 1 & 2)
10 12/30/2005 Rec'd $25.00 surcharge for ATB
11 01/04/2006 Rec'd 8 cc each of pgs. 34,100, & 123 for ATA
12 01/04/2006 Copies made of ATB
13 01/24/2006 MOT. EXT/TIME APPELLEE BRIEF & Affidavit in Support(e-filed)
14 01/24/2006 E-FILED MOTION (MAE)
15 01/24/2006 ACTION BY CLERK - Granted : 02/27/2006
16 02/15/2006 APPELLEE BRIEF View
17 02/22/2006 MOT. EXT/TIME REPLY BRIEF w/affidavit in support
18 02/22/2006 ACTION BY CLERK (MRY) - Granted : 03/13/2006
19 02/27/2006 Corrected TOA & pages 31, 32, 33, 34, 35, 36, & 37 for AEB
20 02/27/2006 DISK - aeb
21 03/13/2006 REPLY BRIEF (e-filed) View
22 03/13/2006 E-FILED BRIEF (RYB)
23 03/15/2006 Copies made of e-filed RYB
24 03/15/2006 E-mail dated 3-14-06 from Mr. Broden certifying that the RYB was served on opposing counsel
25 04/12/2006 APPEARANCES: Douglas L. Broden; Lonnie Olson, State's Attorney
26 04/12/2006 ARGUED: Broden; Olson
27 04/12/2006 ORAL ARGUMENT WEBCAST
28 10/17/2006 DISPOSITION
29 10/17/2006 UNANIMOUS OPINION : Maring, Mary Muehlen View
30 10/18/2006 Judgment Mailed to Parties
31 10/31/2006 PETITION FOR REHEARING View
32 10/31/2006 E-FILED BRIEF (PER)
33 11/01/2006 7 cc made of Petition for Rehearing
34 11/07/2006 ACTION BY SUPREME COURT (PER) - Denied
35 11/22/2006 MANDATE
36 11/28/2006 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
37 02/03/2016 EXPUNGED - Nonpermanent record items destroyed