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Pfeffer v. State

Docket No. 20160188
Oral Argument: Monday, November 28, 2016 2:45pm

Docket Info

Title
Cheryl L. Pfeffer, Petitioner and Appellant
v.
State of North Dakota, Respondent and Appellee
Case Type
CIVIL APPEAL : POST-CONVICTION RELIEF
Appeal From
Case No. 2015-CV-02088
East Central Judicial District, Cass County
Steven E. McCullough
2016 ND 248888 N.W.2d 743

Highlight

For an ineffective assistance of counsel claim for counsel's failure to appeal, to show prejudice, a defendant must demonstrate there is a reasonable probability that, but for counsel's deficient failure to consult with him about an appeal, he would have timely appealed.
When a district court fails to inform a defendant of his right to appeal, the defendant must show that, but for the district court's failure to inform him of his right to appeal, he would have appealed and that he did not have independent knowledge of his right to appeal.

Briefs

Filing Date Description
08/02/2016 APPELLANT BRIEF (PDF) View
09/13/2016 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLEE ASST. STATE'S ATTORNEY Mark Rainer Boening - 03797
APPELLANT COURT APPOINTED Scott Orel Diamond - 05773
APPELLEE ASST. STATE'S ATTORNEY Gary E Euren - 04052

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

Seq. # Filing Date Description Attachment
1 05/19/2016 NOTICE OF APPEAL : 05/19/2016
2 05/19/2016 ORDER FOR TRANSCRIPT : 05/20/2016
3 05/19/2016 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
4 05/19/2016 Notice served on Scott R. Sandness and Gary E. Euren
5 05/25/2016 District Court judgment entered
6 06/02/2016 ELECTRONIC TRANSCRIPT DATED APRIL 21, 2016 AND NOVEMBER 17, 2014 & C.O.S.
7 06/20/2016 ELEC. RECORD ON APPEAL DATED JUNE 17, 2016 (ENTRY NOS. 1-24)
8 06/20/2016 ELEC. RECORD ON APPEAL DATED JUNE 17, 2016 (ENTRY NOS. 1-56)(UNDERLYING CRIMINAL)
9 06/24/2016 Assignment of Scott Diamond as counsel for the Appellant
10 07/06/2016 MOT. EXT/TIME APPELLANT BRIEF
11 07/06/2016 E-FILED MOTION
12 07/06/2016 ACTION BY CHIEF DEPUTY CLERK - Granted : 08/11/2016
13 08/02/2016 APPELLANT BRIEF (PDF) View
14 08/02/2016 E-FILED BRIEF (PDF)
15 08/02/2016 APPELLANT APPENDIX
16 08/02/2016 E-FILED APPENDIX
17 08/04/2016 Rec'd $25 e-filing surcharge for ATB (receipt #24563)
18 08/04/2016 Rec'd 7 copies of ATB & 6 copies of ATA from CSD
19 08/31/2016 MOT. EXT/TIME APPELLEE BRIEF
20 08/31/2016 E-FILED MOTION
21 08/31/2016 ACTION BY CHIEF DEPUTY CLERK - Granted : 09/13/2016
22 09/13/2016 APPELLEE BRIEF View
23 09/13/2016 E-FILED BRIEF
24 09/14/2016 Rec'd 7 copies of AEB from CSD
25 09/21/2016 Rec'd $25 e-filing surcharge for AEB (receipt #24807)
26 10/13/2016 NOTICE OF ORAL ARGUMENT SENT
27 11/28/2016 APPEARANCES: Scott O. Diamond; Mark R. Boening
28 11/28/2016 ARGUED: Scott O. Diamond; Mark R. Boening
29 11/28/2016 ORAL ARGUMENT WEBCAST
30 12/20/2016 DISPOSITION
31 12/20/2016 UNANIMOUS OPINION : VandeWalle, Gerald W. View
32 12/20/2016 Judgment Sent to Parties
33 01/17/2017 MANDATE
34 11/01/2022 EXPUNGED - Nonpermanent record items destroyed