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Overlie v. State

Docket No. 20110091
Oral Argument: Tuesday, August 30, 2011 4:00pm

Docket Info

Title
Chadley Irvin Overlie, Petitioner and Appellant
v.
State of North Dakota, Respondent and Appellee
Case Type
CIVIL APPEAL : POST-CONVICTION RELIEF
Appeal From
Case No. 09-K-01298
South Central Judicial District, Burleigh County
Donald L. Jorgensen
2011 ND 191804 N.W.2d 050

Highlight

Before the district court may summarily dismiss an application for post-conviction relief, the State's response to the application must demonstrate it is entitled to judgment as a matter of law.
When an application for post-conviction relief is not facially invalid, the district court must provide the applicant with notice and an opportunity to provide evidentiary support for his allegations.


Briefs

Filing Date Description
06/13/2011 APPELLANT BRIEF (e-filed) View
07/08/2011 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLANT COURT APPOINTED Mark Taylor Blumer - 04669
APPELLEE STATE'S ATTORNEY Dawn Marie Deitz - 06534

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

Seq. # Filing Date Description Attachment
1 04/06/2011 NOTICE OF APPEAL : 04/04/2011
2 04/06/2011 ORDER FOR TRANSCRIPT : 04/04/2011
3 04/07/2011 Received assignment of Mark T. Blumer as court-appointed counsel.
4 05/03/2011 TRANSCRIPTS DATED 9/14/09 & 2/26/10 & C.O.S.
5 05/04/2011 DISK-TRA (9/14/09 & 2/26/10) E-MAILED
6 05/09/2011 RECORD ON APPEAL
7 06/13/2011 APPELLANT BRIEF (e-filed) View
8 06/13/2011 E-FILED BRIEF (ATB)
9 06/13/2011 APPELLANT APPENDIX (e-filed)
10 06/13/2011 E-FILED APPENDIX (ATA)
11 06/15/2011 Received $25 surcharge for ATB (Receipt #20361)
12 06/16/2011 Received 7 copies of ATB from CSD
13 06/16/2011 Received 6 copies of ATA from CSD
14 07/08/2011 APPELLEE BRIEF View
15 07/08/2011 APPELLEE APPENDIX
16 07/08/2011 DISK - AEB (e-mail)
17 07/18/2011 NOTICE OF ORAL ARGUMENT SENT
18 07/27/2011 REQUEST TO WAIVE ORAL ARGUMENT BY APPELLANT - Granted
19 07/27/2011 E-FILED MOTION
20 07/29/2011 Request to Waive Oral Argument by Appellee
21 07/29/2011 ACTION BY SUPREME COURT (Request to Waive by Appellant) - Granted
22 07/29/2011 ACTION BY SUPREME COURT (Request to Waive by Appellee) - Granted
23 08/30/2011 APPEARANCES: Waived under N.D.R.App.P. 34(f)
24 08/30/2011 ARGUED: Waived
25 09/15/2011 DISPOSITION
26 09/15/2011 UNANIMOUS OPINION : Kapsner, Carol Ronning View
27 09/16/2011 Judgment Sent to Parties
28 10/13/2011 MANDATE
29 10/18/2011 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
30 06/18/2021 EXPUNGED - Nonpermanent record items destroyed