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Booth v. State

Docket No. 20160200
Oral Argument: Friday, January 20, 2017 1:30 PM

Docket Info

Title
Jimmy Booth, Jr., Petitioner and Appellant
v.
State of North Dakota, Respondent and Appellee
Case Type
CIVIL APPEAL : POST-CONVICTION RELIEF
Appeal From
Case No. 2014-CV-01082
Northwest Judicial District, Williams County
Paul W. Jacobson
2017 ND 97893 N.W.2d 186
Oral Argument 1/20/2017

Highlight

To establish prejudice under Strickland in a plea bargain situation, the petitioner must allege facts that, if proven, would support a conclusion that rejection of the plea bargain would have been rational because valid defenses existed, a suppression motion could have undermined the prosecution's case, or there was a realistic potential for a lower sentence.
Supreme Court does not consider arguments first raised during oral argument.

Briefs

Filing Date Description
09/27/2016 APPELLANT BRIEF (PDF) View
10/26/2016 APPELLEE BRIEF (non-substantive correction made to brief signed 11/02/2016) View

Counsel

Party Type Name
APPELLANT COURT APPOINTED Samuel A. Gereszek - 07040
APPELLEE ASST. STATE'S ATTORNEY Nathan Kirke Madden - 06518

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

Seq. # Filing Date Description Attachment
1 05/31/2016 NOTICE OF APPEAL : 05/31/2016
2 05/31/2016 ORDER FOR TRANSCRIPT : 06/01/2016
3 06/01/2016 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
4 06/01/2016 Notice served on Jimmy Booth, Jr., Nathan K. Madden, & Robert N. Quick
5 06/28/2016 ELEC. RECORD ON APPEAL DATED JUNE 27, 2016 (ENTRY NOS.1-96)
6 06/28/2016 ELEC. RECORD ON APPEAL DATED JUNE 27, 2016 (UNDERLYING 02020) (ENTRY NOS.1-34)
7 06/28/2016 ELEC. RECORD ON APPEAL DATED JUNE 27, 2016 (UNDERLYING 02021) (ENTRY NOS.1-42 & 44-48)
8 06/28/2016 ELEC. RECORD ON APPEAL DATED JUNE 27, 2016 (UNDERLYING 02022) (ENTRY NOS.1-41 & 43-47)
9 06/28/2016 AMENDED ELEC. RECORD ON APPEAL DATED JUNE 27, 2016 (UNDERLYING 02022) (ENTRY NOS.1-41 & 43-47)
10 06/28/2016 ELEC. RECORD ON APPEAL DATED JUNE 27, 2016 (UNDERLYING 02023)(ENTRY NOS.)
11 06/30/2016 AMENDED ELEC. RECORD ON APPEAL DATED JUNE 30, 2016 (UNDERLYING 02020) (ENTRY NOS.1-3 & 4-35)
12 06/30/2016 1ST ELEC. SUPP. RECORD ON APPEAL DATED JUNE 30, 2016 (ENTRY NOS.97-98)
13 06/30/2016 Samuel Gereszek is now assigned Appellant counsel
14 07/15/2016 Received $25 surcharge for AEB (receipt #24523)
15 07/19/2016 ELECTRONIC TRANSCRIPT DATED APRIL 20, 2016 & C.O.S.
16 08/05/2016 2ND ELEC. SUPP. RECORD ON APPEAL DATED AUGUST 4, 2016 (ENTRY NOS.99-100)
17 08/18/2016 MOT. EXT/TIME APPELLANT BRIEF
18 08/18/2016 E-FILED MOTION
19 08/19/2016 ACTION BY CHIEF JUSTICE - Granted : 09/27/2016
20 09/27/2016 APPELLANT BRIEF (PDF) View
21 09/27/2016 E-FILED BRIEF (PDF)
22 09/27/2016 APPELLANT APPENDIX
23 09/27/2016 E-FILED APPENDIX
24 09/30/2016 Received $25 ATB e-filing surcharge (Receipt #24829)
25 10/03/2016 Received non-substantive corrections to ATB (cover page case number)
26 10/04/2016 Received 7 copies of the ATB from Central Duplicating
27 10/04/2016 Received 6 copies of the ATA from Central Duplicating
28 10/07/2016 Received $13 appendix overage fee (Receipt #24846)
29 10/26/2016 APPELLEE BRIEF (non-substantive correction made to brief signed 11/02/2016) View
30 10/26/2016 E-FILED BRIEF
31 11/02/2016 Received non-substantive correction to AEB (Title)
32 11/03/2016 Received 7 copies of the ATB from Central Duplicating
33 12/08/2016 NOTICE OF ORAL ARGUMENT SENT
34 01/20/2017 APPEARANCES: Samuel Gereszek/Nathan Madden
35 01/20/2017 ARGUED: Gereszek/Madden
36 01/20/2017 ORAL ARGUMENT WEBCAST
37 04/25/2017 DISPOSITION
38 04/25/2017 UNANIMOUS OPINION : Tufte, Jerod E. View
39 04/26/2017 Judgment Sent to Parties
40 05/18/2017 MANDATE
41 08/05/2022 EXPUNGED - Nonpermanent record items destroyed