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Rencountre v. State

Docket No. 20140197
Oral Argument: Tuesday, January 13, 2015 9:30am

Docket Info

Title
Allen Wayne Rencountre, Petitioner and Appellant
v.
State of North Dakota, Respondent and Appellee
Case Type
CIVIL APPEAL : POST-CONVICTION RELIEF
Appeal From
Case No. 2012-CV-00448
North Central Judicial District, Ward County
Gary H. Lee
2015 ND 62860 N.W.2d 837
Oral Argument 1/13/2015

Highlight

Proof of ineffective assistance of counsel based on an attorney's failure to file a pretrial suppression motion requires the defendant prove he would have prevailed on his motion to suppress and that there is a reasonable probability a successful motion would have affected the outcome of the trial.
Proof of ineffective assistance of counsel based on an attorney's failure to request a second mental health examination requires the defendant show that a second evaluation would have benefited him or that the result of the proceedings would have been different if he had received another evaluation.
A party cannot complain about legal errors which are to their benefit, rather than to their prejudice.

Briefs

Filing Date Description
09/12/2014 APPELLANT BRIEF View
10/14/2014 APPELLEE BRIEF (HARDCOPY) View

Counsel

Party Type Name
APPELLEE ASST. STATE'S ATTORNEY Christene Ann Reierson - 06176
APPELLANT COURT APPOINTED Benjamin C Pulkrabek - 02908

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

Seq. # Filing Date Description Attachment
1 06/03/2014 NOTICE OF APPEAL : 06/03/2014
2 06/03/2014 ORDER FOR TRANSCRIPT : 06/03/2014
3 06/13/2014 Assignment of Counsel - Benjamin C. Pulkrabek
4 07/01/2014 ELEC. RECORD ON APPEAL DATED JUNE 30, 2014 (ENTRY NOS.1-41)
5 07/01/2014 ELEC. RECORD ON APPEAL DATED JUNE 30, 2014 (ENTRY NOS.1-71) UNDERLYING CRIMINAL
6 07/17/2014 TRANSCRIPT DATED MAY 5, 2014, & C.O.S.
7 07/17/2014 DISK-TRA
8 08/20/2014 MOT. EXT/TIME APPELLANT BRIEF
9 08/20/2014 E-FILED MOTION
10 08/20/2014 ACTION BY CLERK - Granted : 09/16/2014
11 09/12/2014 APPELLANT BRIEF View
12 09/12/2014 E-FILED BRIEF
13 09/12/2014 APPELLANT APPENDIX
14 09/12/2014 E-FILED APPENDIX
15 09/15/2014 Received $25 e-filing surcharge for ATB (Receipt #23026)
16 09/16/2014 Received pages for ATA (NOA & Corrected TOC)
17 09/18/2014 RECEIVED 7 COPIES OF ATB FROM CENTRAL DUPLICATING
18 09/18/2014 RECEIVED 6 COPIES OF ATA FROM CENTRAL DUPLICATING
19 10/14/2014 APPELLEE BRIEF (HARDCOPY) View
20 10/14/2014 DISK - (AEB) (CDROM)
21 10/21/2014 RCV'D CORRECTIONS TO AEB 1 ORIGINAL, 7 COPIES AND CD-ROM
22 12/15/2014 NOTICE OF ORAL ARGUMENT SENT
23 01/13/2015 APPEARANCES: Benjamin C. Pulkrabek; Christene A. Reierson
24 01/13/2015 ARGUED: Benjamin C. Pulkrabek; Christene A. Reierson
25 01/13/2015 ORAL ARGUMENT WEBCAST
26 03/24/2015 DISPOSITION
27 03/24/2015 UNANIMOUS OPINION : McEvers, Lisa K. Fair View
28 03/25/2015 Judgment Sent to Parties
29 04/15/2015 MANDATE
30 04/21/2015 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
31 05/20/2022 EXPUNGED - Nonpermanent record items destroyed