Leftbear v. State
Docket No. 20060244
Oral Argument:
Tuesday, December 19, 2006 1:30pm
Docket Info
- Title
- John Joseph Leftbear, Petitioner and Appellant
v.
State of North Dakota, Respondent and Appellee - Case Type
- CIVIL APPEAL : POST-CONVICTION RELIEF
- Appeal From
-
Case No. 04-K-208
Northeast Judicial District, Ramsey County
Donovan John Foughty
2007 ND 14727 N.W.2d 252
Oral Argument
12/19/2006
Highlight
The time limit for filing a notice of appeal is jurisdictional.
The time limit for filing a notice of appeal may be extended only upon a showing of excusable neglect.
Excusable neglect is a fluid concept, encompassing both simple, faultless omissions to act and, more commonly, omissions caused by carelessness.
Ignorance of the rules, or mistakes construing the rules, are insufficient to establish excusable neglect.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
| Seq. # | Filing Date | Description | Attachment |
|---|---|---|---|
| 1 | 09/08/2006 | NOTICE OF APPEAL : 09/07/2006 | |
| 2 | 09/08/2006 | RECORD ON APPEAL including separate transcripts (5) and exhibits including PSI. Not included with | |
| 3 | 09/08/2006 | the record were Nos. 33 (State's Ex 1 drawing), 38 (State's Ex 6 jeans), 40 & 41 (Ex 8 & 9 Boots) | |
| 4 | 09/08/2006 | Clerk's Supplemental Certificate of Record on Appeal dated July 25, 2006, with entries 90-94 | |
| 5 | 09/08/2006 | Clerk's Supplemental Certificate of Record on Appeal dated August 11, 2006, with entries 95-99 | |
| 6 | 09/08/2006 | Clerk's Supplemental Certificate of Record on Appeal dated September 7, 2006, with entries 100-102 | |
| 7 | 10/11/2006 | MOT. EXT/TIME APPELLANT BRIEF (Sua Sponte) | |
| 8 | 10/11/2006 | ACTION BY CLERK (MAT Sua Sponte) - Granted : 11/16/2006 | |
| 9 | 10/13/2006 | APPELLANT BRIEF | View |
| 10 | 10/13/2006 | E-FILED BRIEF (ATB) | |
| 11 | 10/16/2006 | Made 7 copies of Appellant's Brief | |
| 12 | 10/20/2006 | Received $25 surcharge for Appellant's Brief | |
| 13 | 10/23/2006 | Clerk's Supplemental Certificate of Record on Appeal dated October 19, 2006 (Entry Nos. 103 & 104) | |
| 14 | 11/06/2006 | APPELLEE BRIEF | View |
| 15 | 11/06/2006 | DISK - aeb | |
| 16 | 11/09/2006 | APPELLANT APPENDIX | |
| 17 | 11/17/2006 | Rec'd copies of Register of Actions for Appellant's Appendix | |
| 18 | 11/24/2006 | Attorney's Certificate of Service of ATA and docket sheet for ATA by mail | |
| 19 | 12/19/2006 | ARGUED: William S. Kirschner; Lonnie W. Olson | |
| 20 | 12/19/2006 | APPEARANCES: Kirschner; Olson | |
| 21 | 12/19/2006 | ORAL ARGUMENT WEBCAST | |
| 22 | 02/01/2007 | DISPOSITION | |
| 23 | 02/01/2007 | UNANIMOUS OPINION : Kapsner, Carol Ronning | View |
| 24 | 02/02/2007 | Judgment Mailed to Parties | |
| 25 | 02/23/2007 | MANDATE | |
| 26 | 03/01/2007 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE | |
| 27 | 04/05/2017 | EXPUNGED - Nonpermanent record items destroyed |