Davis v. State
Docket Info
- Title
- Bradley A. Davis, Petitioner and Appellant
v.
State of North Dakota, Respondent and Appellee - Case Type
- CIVIL APPEAL : POST-CONVICTION RELIEF
- Appeal From
-
Case No. 07-K-01802
North Central Judicial District, Ward County
Douglas L. Mattson
Highlight
Discovery in the post-conviction context requires good cause and may be used only to the extent and in the manner the district court has ordered.
To obtain discovery under the statutory good cause standard: (1) the evidence sought to be discovered, if established, must allow the applicant to obtain post-conviction relief, and (2) contain specific and particularized allegations.
Post-conviction relief may be granted when evidence, not previously presented and heard, exists requiring vacation of the conviction or sentence in the interest of justice.
Post-conviction relief under N.D.C.C. 29-32.1-01(1)(e) is similar to a N.D.R.Crim.P. 33 request for new trial based on newly discovered evidence, and a defendant must show: (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 the defendant's lack of diligence; (3) the newly discovered evidence is material to the issues at trial; and (4) the weight and quality of the newly discovered evidence would likely result in an acquittal.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
| Seq. # | Filing Date | Description | Attachment |
|---|---|---|---|
| 1 | 06/13/2012 | NOTICE OF APPEAL : 06/13/2012 | |
| 2 | 06/13/2012 | ORDER FOR TRANSCRIPT : 06/13/2012 | |
| 3 | 06/18/2012 | Notice of Assignment of Russell J. Myhre as counsel for Appellant | |
| 4 | 07/16/2012 | ELEC. RECORD ON APPEAL DATED 7/13/2012 (ENTRY NOS.1-468)(ENTRY NOS. 33, 34, 171, 234, 235, 238-251, | |
| 5 | 07/16/2012 | 259, 336-338-Items not sent) | |
| 6 | 07/18/2012 | MOT. EXT/TIME APPELLANT BRIEF | |
| 7 | 07/18/2012 | E-FILED MOTION | |
| 8 | 07/18/2012 | NO ACTION TAKEN | |
| 9 | 07/19/2012 | AMENDED ELEC. RECORD ON APPEAL DATED 07/19/2012 (ENTRY NOS.1-32, 35-170, 172-233, 236-237, 252-258 | |
| 10 | 07/19/2012 | 260-335, 339-471) (ENTRY NOS.33, 34, 171, 234, 235, 238-251, 259, 336-338 ITEMS NOT SENT) | |
| 11 | 07/19/2012 | TRANSCRIPTs DATED 9/16/11 and 2/3/12 & C.O.S. | |
| 12 | 07/19/2012 | DISK - TRA (9/16/11 and 2/3/12) | |
| 13 | 09/14/2012 | MOT. EXT/TIME APPELLANT BRIEF | |
| 14 | 09/14/2012 | E-FILED MOTION | |
| 15 | 09/14/2012 | ACTION BY CHIEF DEPUTY CLERK - Granted : 09/11/2012 | |
| 16 | 09/11/2012 | APPELLANT BRIEF | View |
| 17 | 09/11/2012 | E-FILED BRIEF | |
| 18 | 09/11/2012 | APPELLANT APPENDIX | |
| 19 | 09/11/2012 | E-FILED APPENDIX | |
| 20 | 09/12/2012 | Received $25 surcharge for ATB (Receipt #21494) | |
| 21 | 09/18/2012 | Corrected electronic Appellant's Appendix (ATA filed 9-11-12) | |
| 22 | 09/21/2012 | Received $30.50 for ATA (Receipt #21503) | |
| 23 | 09/24/2012 | Rec'd 7 copies of ATB from CSD | |
| 24 | 09/24/2012 | Rec'd 6 copies of ATA from CSD | |
| 25 | 10/10/2012 | APPELLEE BRIEF | View |
| 26 | 10/10/2012 | APPELLEE APPENDIX | |
| 27 | 10/11/2012 | DISK-AEB (CD-ROM) | |
| 28 | 10/18/2012 | NOTICE OF ORAL ARGUMENT SENT | |
| 29 | 11/13/2012 | APPEARANCES: Russell J. Myhre; Sean B. Kasson | |
| 30 | 11/13/2012 | ARGUED: Russell J. Myhre; Sean B. Kasson | |
| 31 | 11/13/2012 | ORAL ARGUMENT WEBCAST | |
| 32 | 02/26/2013 | DISPOSITION | |
| 33 | 02/26/2013 | UNANIMOUS OPINION : Kapsner, Carol Ronning | View |
| 34 | 02/27/2013 | Judgment Sent to Parties | |
| 35 | 03/28/2013 | MANDATE | |
| 36 | 04/09/2013 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE | |
| 37 | 10/07/2021 | EXPUNGED - Nonpermanent record items destroyed |