Clark v. State
Docket No. 20080122
Oral Argument:
Monday, October 13, 2008 4:00pm
Docket Info
- Title
- Larry Clark, Petitioner and Appellant
v.
State of North Dakota, Respondent and Appellee - Case Type
- CIVIL APPEAL : POST-CONVICTION RELIEF
- Appeal From
-
Case No. 02-K-00390
South Central Judicial District, McLean County
Gail Hagerty
2008 ND 234758 N.W.2d 900
Highlight
The law does not require that an evidentiary hearing be held on an application for post-conviction relief when the parties do not request a hearing.
New counsel on appeal inherits the strategies of prior counsel.
A court does not second-guess matters of trial strategy.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
Seq. # | Filing Date | Description | Attachment |
---|---|---|---|
1 | 05/22/2008 | NOTICE OF APPEAL : 05/20/2008 | |
2 | 05/22/2008 | ANNOUNCED DISQUALIFICATION : Sandstrom, Dale V. | |
3 | 05/23/2008 | AMENDED NOTICE OF APPEAL | |
4 | 05/28/2008 | Received corrected amended notice of appeal. | |
5 | 06/17/2008 | MOT. EXT/TIME APPELLANT BRIEF (E-filed) | |
6 | 06/17/2008 | E-FILED MOTION (Mot/Ext/ATB) | |
7 | 06/17/2008 | ACTION BY CLERK (Mot/Ext/ATB) - Granted : 07/30/2008 | |
8 | 06/19/2008 | RECORD ON APPEAL and Separate Nos. 10 (State's Response to Request for Discovery), | |
9 | 06/19/2008 | 32 (Victim Impact Statement & Presentence Investigation Report), 53 (Transcript dated 7-21-03), | |
10 | 06/19/2008 | 54 (Transcript dated May 13-14, 2003 -- two volumes), & 75 (Defendant's Exhibit A-photo). | |
11 | 06/19/2008 | Not received was Entry No. 27–Defendant's Exhibit #1 – Aerial Photo. | |
12 | 07/29/2008 | APPELLANT BRIEF | View |
13 | 07/29/2008 | APPELLANT APPENDIX | |
14 | 08/04/2008 | Corrected covers for ATB & ATA, corrected TOA & pages 2, 3, 13, & 14 for ATB and corrected | |
15 | 08/04/2008 | TOC and pages 12, 13, 14, 37, 38, and 39 for ATA | |
16 | 08/04/2008 | DISK - atb (e-mailed) | |
17 | 08/07/2008 | CERTIFICATE OF SERVICE OF ATB & ATA | |
18 | 08/07/2008 | COPIES OF NOA (5/20/08) FOR ATA. | |
19 | 08/27/2008 | APPELLEE BRIEF | View |
20 | 08/27/2008 | Request to waive oral argument by Appellee | |
21 | 08/28/2008 | DISK-AEB | |
22 | 09/23/2008 | ACTION BY SUPREME COURT (waiver of argument by Appellee) - Granted | |
23 | 09/26/2008 | SITTING WITH THE COURT : Anderson, Zane | |
24 | 09/26/2008 | Request to waive oral argument on behalf of Appellant | |
25 | 09/26/2008 | ACTION BY SUPREME COURT (request to waive on behalf of Appellant) - Granted | |
26 | 10/13/2008 | APPEARANCES: waived under NDRAppP 34(f) | |
27 | 10/13/2008 | ARGUED: waived under NDRAppP 34(f) | |
28 | 12/18/2008 | DISPOSITION | |
29 | 12/18/2008 | UNANIMOUS OPINION : VandeWalle, Gerald W. | View |
30 | 12/18/2008 | Judgment e-mailed to Parties | |
31 | 01/12/2009 | MANDATE | |
32 | 01/14/2009 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE | |
33 | 01/10/2020 | EXPUNGED - Nonpermanent record items destroyed |