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Tweed v. State

Docket No. 20090171
Oral Argument: Thursday, January 28, 2010 9:30am

Docket Info

Title
Reginald Tweed, Petitioner and Appellant
v.
State of North Dakota, Respondent and Appellee
Case Type
CIVIL APPEAL : POST-CONVICTION RELIEF
Appeal From
Case No. 08-C-04711
East Central Judicial District, Cass County
Frank L. Racek
2010 ND 38779 N.W.2d 667
Oral Argument 1/28/2010

Highlight

To obtain post-conviction relief on the basis of newly discovered evidence, the petitioner must demonstrate (1) the evidence was discovered after trial; (2) the failure to learn about the evidence at the time of trial was not the result of a lack of diligence; (3) the newly discovered evidence is material to issues at trial; and (4) the weight and quality of the evidence would likely result in an acquittal.
To obtain post-conviction relief on the basis of ineffective assistance of counsel, the petitioner must demonstrate (1) counsel's representation fell below an objective standard of reasonableness, and (2) the petitioner was so prejudiced by counsel representation that, but for counsel's errors, the result of the proceeding would have been different.


Briefs

Filing Date Description
09/25/2009 APPELLANT BRIEF (e-filed) View
11/24/2009 APPELLEE BRIEF (e-filed) View
12/23/2009 REPLY BRIEF of Appellant (e-filed) View

Counsel

Party Type Name
APPELLANT PRIVATE PRACTICE Chad Rory McCabe - 05474
APPELLEE ASST. STATE'S ATTORNEY Mark Rainer Boening - 03797

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

Seq. # Filing Date Description Attachment
1 06/08/2009 NOTICE OF APPEAL : 06/04/2009
2 06/08/2009 ORDER FOR TRANSCRIPT : 06/04/2009
3 06/16/2009 TRANSCRIPT DATED February 4, 2009 & C.O.S.
4 06/16/2009 DISK - tra dated 2-4-09
5 07/07/2009 RECORD ON APPEAL & separates (Nos. 21-exhibit & 23-Trans. dated 2-4-09) (Not rec'd: #18-tape)
6 07/23/2009 MOT. EXT/TIME APPELLANT BRIEF (e-filed)
7 07/23/2009 E-FILED MOTION (MAT)
8 07/24/2009 ACTION BY CHIEF JUSTICE (MAT) - Granted : 09/25/2009
9 07/28/2009 RECORD ON APPEAL for 91-K-140 - the underlying criminal case (incl. sep. nos. 76 & 116 tras &
10 07/28/2009 not rec'd were entry nos. 77-89, & 92-94-exhibits)
11 09/25/2009 APPELLANT BRIEF (e-filed) View
12 09/25/2009 E-FILED BRIEF (ATB)
13 09/25/2009 APPELLANT APPENDIX (e-filed)
14 09/25/2009 E-FILED APPENDIX (ATA)
15 09/29/2009 Received $25 surcharge for ATB (Receipt #19012)
16 10/02/2009 Received 6 copies of ATA from Central Duplicating.
17 10/06/2009 Received 7 copies of ATB from Central Duplicating.
18 10/20/2009 MOT. EXT/TIME APPELLEE BRIEF & Affidavit/Support (e-filed)
19 10/20/2009 E-FILED MOTION (MAE)
20 10/20/2009 ACTION BY CLERK - Granted : 11/24/2009
21 11/24/2009 APPELLEE BRIEF (e-filed) View
22 11/24/2009 E-FILED BRIEF (AEB)
23 11/30/2009 Consent from Mark Boening for 3rd yr Law Student Jennifer Cook to appear for State
24 12/02/2009 Received $25 surcharge for AEB (Receipt #19251)
25 12/07/2009 Received 7 copies of AEB from Central Duplicating
26 12/14/2009 MOT. EXT/TIME REPLY BRIEF
27 12/14/2009 E-FILED MOTION (MRY)
28 12/14/2009 ACTION BY CLERK (extended to 4 p.m. on 12-23-09) - Granted : 12/23/2009
29 12/22/2009 NOTICE OF ORAL ARGUMENT SENT
30 12/23/2009 REPLY BRIEF of Appellant (e-filed) View
31 12/23/2009 E-FILED BRIEF (RYB)
32 12/27/2009 Request for Radio/TV Coverage (Associated Press) approved
33 12/28/2009 Received 7 copies of RYB from CSD
34 01/15/2010 Request for Radio/TV Coverage approved (ND Public Radio)
35 01/28/2010 APPEARANCES: Chad R. McCabe/Mark R. Boening, Asst. State's Atty. & Jennifer Cook, 3rd yr law studen
36 01/28/2010 ARGUED: McCabe/Cook
37 01/28/2010 ORAL ARGUMENT WEBCAST
38 03/08/2010 MOTION FOR Stay of Appeal and Remand to District Court
39 03/08/2010 E-FILED MOTION (Motion for Stay and Remand)
40 03/10/2010 ACTION BY SUPREME COURT - Denied
41 03/16/2010 DISPOSITION
42 03/16/2010 UNANIMOUS OPINION : Kapsner, Carol Ronning View
43 03/16/2010 (CONCUR IN THE RESULT) : Crothers, Daniel John
44 03/16/2010 (CONCUR IN THE RESULT) : Maring, Mary Muehlen
45 03/25/2010 PETITION FOR REHEARING View
46 03/25/2010 DISK NONCOMPLIANCE-PER
47 04/06/2010 ACTION BY SUPREME COURT (PER) - Denied
48 04/22/2010 MANDATE
49 04/26/2010 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
50 11/04/2020 EXPUNGED - Nonpermanent record items destroyed