Eaton v. State
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
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.
(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 |