Search Tips

Burke v. State

Docket No. 20110286
Oral Argument: Tuesday, March 20, 2012 1:30pm

Docket Info

Title
Dale J. Burke, Petitioner and Appellant
v.
State of North Dakota, Respondent and Appellee
Case Type
CIVIL APPEAL : POST-CONVICTION RELIEF
Appeal From
Case No. 2011-CV-01126
East Central Judicial District, Cass County
Steven L. Marquart
2012 ND 169820 N.W.2d 349
Oral Argument 3/20/2012

Highlight

A person convicted of a crime may move for forensic DNA testing to demonstrate the person's actual innocence if the testing is to be performed on evidence secured in relation to the trial that resulted in the conviction and the evidence was not subje the testing because either the technology for the testing was not available at the time of the trial or the testing was not available as evidence at the time of the trial.
Whether evidence at issue is "materially relevant" to the defendant's assertion of actual innocence requires consideration of the evidence introduced at trial, as well as an assessment of the evidence defendant is seeking to test.


Briefs

Filing Date Description
12/29/2011 APPELLANT BRIEF (e-filed) PDF View
02/06/2012 APPELLEE BRIEF View
02/21/2012 REPLY BRIEF View

Counsel

Party Type Name
APPELLANT COURT APPOINTED Nicholas Dwight Thornton - 06210
APPELLEE ASST. STATE'S ATTORNEY Mark Rainer Boening - 03797
APPELLEE ASST. STATE'S ATTORNEY Reid Alan Brady - 05696

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

Seq. # Filing Date Description Attachment
1 09/29/2011 NOTICE OF APPEAL : 09/27/2011
2 09/29/2011 ORDER FOR TRANSCRIPT : 09/27/2011
3 09/29/2011 Amended Notice of Appeal filed 9-29-11 in trial court
4 10/28/2011 Electronic RECORD ON APPEAL (Entry Nos. 1 - 60)
5 11/07/2011 Electronic Clerk's Certificate on Appeal in State v. Burke (Entry Nos. 1-267)
6 11/07/2011 Not sent: 130-140; 144, 145, 146, 149; & 150) (See Electronic "Amended" Clerk's Cert.)
7 11/07/2011 Amended Electronic Clerk's Certificate on Appeal of State v. Burke, Cass Co. No. 97-K-01543)
8 11/07/2011 (Entry Nos.1-272)(Not sent: #130; 132-140; 144; 145; 146; 149; & 150)
9 11/16/2011 DISK-TRA (9/9/11) E-MAILED
10 11/17/2011 TRANSCRIPT DATED SEPTEMBER 9, 2011, & C.O.S.
11 12/28/2011 MOT. EXT/TIME APPELLANT BRIEF
12 12/28/2011 E-FILED MOTION (MAT)
13 12/28/2011 Response Filed to Mot. Ext/Time Appellant Brief
14 12/28/2011 EFILED RESPONSE
15 12/28/2011 ACTION BY CHIEF JUSTICE (MAT) - Granted : 12/29/2011
16 12/29/2011 APPELLANT BRIEF (e-filed) PDF View
17 12/29/2011 E-FILED BRIEF (ATB) PDF
18 12/29/2011 APPELLANT APPENDIX (e-filed)
19 12/29/2011 E-FILED APPENDIX (ATA)
20 01/04/2012 Received 7 copies of ATB from Central Duplicating.
21 01/04/2012 Received 6 copies of ATA from Central Duplicating.
22 01/25/2012 MOT. EXT/TIME APPELLEE BRIEF
23 01/25/2012 E-FILED MOTION
24 01/25/2012 Response Filed to Mot. Ext/Time Appellee Brief
25 01/25/2012 EFILED RESPONSE
26 01/25/2012 ACTION BY CLERK - Granted : 02/06/2012
27 01/26/2012 Consent to Appearance by Former Law Clerk Reid A. Brady
28 01/30/2012 E-filing surcharge for ATB paid 1-30-12 through inter-departmental billing
29 02/06/2012 APPELLEE BRIEF View
30 02/06/2012 E-FILED BRIEF
31 02/09/2012 Received 7 copies of AEB from Central Duplicating.
32 02/10/2012 Received $25 e-filing surcharge (Receipt #20864).
33 02/10/2012 Received written consent of Reid A. Brady for Katherine Naumann.
34 02/13/2012 NOTICE OF ORAL ARGUMENT SENT
35 02/21/2012 REPLY BRIEF View
36 02/21/2012 E-FILED BRIEF
37 02/24/2012 Rec'd 7 copies of RYB from Central Duplicating
38 03/19/2012 MOTION TO TAKE JUDICIAL NOTICE OF PRIOR OPINION
39 03/19/2012 E-FILED MOTION
40 03/19/2012 Response Filed to Motion to Take Judicial Notice
41 03/19/2012 EFILED RESPONSE
42 03/20/2012 APPEARANCES: Nicholas D. Thornton; Reid A. Brady; Katherine Naumann, 3rd Year Law Student
43 03/20/2012 ARGUED: Thornton/Naumann
44 03/20/2012 ORAL ARGUMENT WEBCAST
45 08/16/2012 DISPOSITION
46 08/16/2012 SPLIT OPINION : Maring, Mary Muehlen View
47 08/16/2012 CONCURRING SPECIALLY : Sandstrom, Dale V.
48 08/16/2012 NO ACTION TAKEN (MOTION TO TAKE JUDICIAL NOTICE OF PRIOR OPINION)
49 08/17/2012 Judgment Sent to Parties
50 09/07/2012 MANDATE
51 05/08/2013 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
52 08/11/2021 EXPUNGED - Nonpermanent record items destroyed