Noorlun v. State
Docket No. 20070009
Oral Argument:
Monday, June 18, 2007 2:45pm
Docket Info
- Title
- Lyle J. Noorlun, Petitioner and Appellant
v.
State of North Dakota, Respondent and Appellee - Case Type
- CIVIL APPEAL : POST-CONVICTION RELIEF
- Appeal From
-
Case No. 06-C-00929
East Central Judicial District, Cass County
Steven E. McCullough
2007 ND 118736 N.W.2d 477
Oral Argument
6/18/2007
Highlight
In a post-conviction proceeding, a misuse of process occurs if a defendant has inexcusably failed to raise an issue in a proceeding leading to a conviction and seeks review in an application for post-conviction relief, or if the defendant inexcusably fails to pursue an issue on appeal which was raised and litigated in the original trial court proceeding.
A defendant claiming ineffective assistance of counsel has a heavy burden of proving that counsel's representation fell below an objective standard of reasonableness and that the defendant was prejudiced by counsel's deficient performance.
Counsel
| Party | Type | Name |
|---|---|---|
| APPELLEE | STATE'S ATTORNEY | Birch Peterson Burdick - 05026 |
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
| Seq. # | Filing Date | Description | Attachment |
|---|---|---|---|
| 1 | 01/11/2007 | NOTICE OF APPEAL : 01/09/2007 | |
| 2 | 01/11/2007 | ORDER FOR TRANSCRIPT : 01/09/2007 | |
| 3 | 01/25/2007 | Ltr. (fax) from Mr. Noorlun stating Mr. Mertz is no longer his counsel. Mr. Noorlun is now pro se. | |
| 4 | 02/05/2007 | TRANSCRIPT DATED September 13, 2006 | |
| 5 | 02/06/2007 | DISK - tra (9-13-06) (e-mailed) | |
| 6 | 02/07/2007 | RECORD ON APPEAL and separates #41 & #42. Not received was #24 (tape) | |
| 7 | 02/09/2007 | Record on Appeal case no. 03-K-04290, (3 vols.), Exhibits, & Transcripts (10) | |
| 8 | 02/09/2007 | Not rec'd #111-State's Exh. 33,Certificate 12-12-03, 14,59,&85(Steno Notes); 57,70,81,&159(Tapes) | |
| 9 | 02/12/2007 | MOTION to consolidate with 20070014 | |
| 10 | 02/12/2007 | E-FILED MOTION (to consolidate) | |
| 11 | 02/14/2007 | NO ACTION TAKEN (motion to consolidate/no. 20060014 is dismissed) | |
| 12 | 02/22/2007 | Motion for Ruling/Dismissal regarding post conviction judgment by default & affidavit of no answer | |
| 13 | 02/22/2007 | E-FILED MOTION (Motion for Ruling/Dismissal regarding post conviction judgment & affidavit) | |
| 14 | 02/23/2007 | NO ACTION TAKEN(Mot. for Ruling/Dismissal regarding post conviction judgment by default & affidavit | |
| 15 | 02/28/2007 | Supplemental Clerk's Certificate of Record dated February 26, 2007 (Entry Nos. 52-57). | |
| 16 | 03/11/2007 | Appellant Brief | |
| 17 | 04/02/2007 | APPELLANT BRIEF (corrected) | View |
| 18 | 04/02/2007 | APPELLANT APPENDIX | |
| 19 | 04/04/2007 | DISK - ATB (CD) | |
| 20 | 04/05/2007 | MOTION for Modified Briefing Schedule | |
| 21 | 04/05/2007 | NO ACTION TAKEN (Mot for Modified Briefing Schedule) | |
| 22 | 04/05/2007 | E-FILED MOTION (by facsimile) | |
| 23 | 05/07/2007 | APPELLEE BRIEF | View |
| 24 | 05/07/2007 | E-FILED BRIEF (AEB) | |
| 25 | 05/10/2007 | Received efiling surcharge for AEB; receipt no. 17381 | |
| 26 | 05/14/2007 | Received 7 copies of AEB from Central Duplicating | |
| 27 | 06/18/2007 | APPEARANCES: submitted under N.D.R.App.P. 34(e) for AT; Birch P. Burdick, State's Attorney | |
| 28 | 06/18/2007 | ARGUED: submitted under N.D.R.App.P. 34(e) for AT; Burdick | |
| 29 | 06/18/2007 | ORAL ARGUMENT WEBCAST | |
| 30 | 07/25/2007 | DISPOSITION | |
| 31 | 07/25/2007 | UNANIMOUS OPINION : Maring, Mary Muehlen | View |
| 32 | 07/25/2007 | Judgment Mailed to Parties | |
| 33 | 08/16/2007 | MANDATE | |
| 34 | 08/24/2007 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE | |
| 35 | 10/10/2017 | EXPUNGED - Nonpermanent record items destroyed |