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Eaton v. State

Docket No. 20100235
Oral Argument: Tuesday, November 30, 2010 2:45pm

Docket Info

Title
Clifford Scott Eaton, Petitioner and Appellant
v.
State of North Dakota, Respondent and Appellee
Case Type
CIVIL APPEAL : POST-CONVICTION RELIEF
Appeal From
Case No. 2009-CV-04970
East Central Judicial District, Cass County
Georgia Dawson
2011 ND 35793 N.W.2d 790
Oral Argument 11/30/2010

Highlight

The sufficiency of the factual basis to support a guilty plea is a question of law on appeal from a summary denial of an application of post-conviction relief, where the parties agree there were no disputed issues of fact.
Courts in post-conviction relief proceedings may consider information from the plea proceedings in addition to the factual basis presented to ensure there was a sufficient factual basis to support the guilty plea.
A court does not improperly infer an intent to deliver a controlled substance while establishing a factual basis to support a guilty plea, where the court relies on evidence of possession of a significant amount of the controlled substance and other items suggesting an intent to deliver.


Briefs

Filing Date Description
08/31/2010 APPELLANT BRIEF (e-filed) PDF View
09/30/2010 APPELLEE BRIEF (e-filed) View
10/15/2010 REPLY BRIEF of Appellant (e-filed) View

Counsel

Party Type Name
APPELLEE ASST. STATE'S ATTORNEY Tracy Jo Peters - 05432
APPELLANT COURT APPOINTED Nicholas Dwight Thornton - 06210

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

Seq. # Filing Date Description Attachment
1 07/22/2010 TRANSCRIPT DATED June 15, 2010 & C.O.S.
2 07/23/2010 NOTICE OF APPEAL : 07/21/2010
3 07/23/2010 ORDER FOR TRANSCRIPT : 07/21/2010
4 08/20/2010 ELECTRONIC RECORD ON APPEAL (entry nos. 1 - 47)
5 08/31/2010 Written consent of Monty Mertz/Nick Thornton & Clifford Eaton for Iam McLean rec'd.
6 08/31/2010 APPELLANT BRIEF (e-filed) PDF View
7 08/31/2010 E-FILED BRIEF (ATB) PDF
8 08/31/2010 APPELLANT APPENDIX (e-filed) PDF
9 08/31/2010 E-FILED APPENDIX (ATA) PDF
10 09/09/2010 Received 7 copies of ATB from Central Duplicating.
11 09/09/2010 RECEIVED 6 COPIES OF ATA FROM CENTRAL DUPLICATING.
12 09/24/2010 Filing fee paid 9-9-10 through inter-departmental billing
13 09/30/2010 APPELLEE BRIEF (e-filed) View
14 09/30/2010 E-FILED BRIEF (AEB)
15 09/30/2010 APPELLEE APPENDIX - PDF (e-filed)
16 10/04/2010 Rec'd 7 copies of AEB from Central Duplicating.
17 10/04/2010 Rec'd 6 copies of AEA from Central Duplicating.
18 10/05/2010 Received $25 e-filing surcharge for AEB (Receipt #19995).
19 10/07/2010 Written consent for 3rd year law student Taylor Olson to argue on behalf of State
20 10/15/2010 REPLY BRIEF of Appellant (e-filed) View
21 10/15/2010 E-FILED BRIEF (RYB)
22 10/18/2010 Rec'd 7 copies of RYB from CSD
23 10/18/2010 NOTICE OF ORAL ARGUMENT SENT
24 11/30/2010 APPEARANCES: Nicholas D. Thornton; Tracy Peters; Taylor Olson (3rd year law student)
25 11/30/2010 ARGUED: Nicholas D. Thornton; Taylor Olson (3rd year law student)
26 11/30/2010 ORAL ARGUMENT WEBCAST
27 02/08/2011 DISPOSITION
28 02/08/2011 UNANIMOUS OPINION : Kapsner, Carol Ronning View
29 03/03/2011 MANDATE
30 03/15/2011 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
31 06/03/2011 Notice from U.S. Supreme Court that Petition for Writ of Certiorari was filed & placed on docket
32 10/10/2011 Notice from U.S. Supreme Court that Petition for Writ of Certiorari is denied
33 02/18/2021 EXPUNGED - Nonpermanent record items destroyed