Morris v. State
Docket No. 20160350
Oral Argument:
Wednesday, March 22, 2017 1:30 PM
Docket Info
- Title
- Kabbah Morris, Petitioner and Appellant
v.
State of North Dakota, Respondent and Appellee - Case Type
- CIVIL APPEAL : POST-CONVICTION RELIEF
- Appeal From
-
Case No. 2015-CV-00230
Northwest Judicial District, McKenzie County
Robin Ann Schmidt
2017 ND 104893 N.W.2d 475
Oral Argument
3/22/2017
Highlight
To prevail on a post-conviction claim of ineffective assistance of counsel, the petitioner has the heavy burden of proving (1) counsel's representation fell below an objective standard of reasonableness, and (2) the petitioner was prejudiced by counsel's deficient performance.
If the petitioner fails to show that his or her attorney's representation fell below an objective standard of reasonableness on a claim of ineffective assistance of counsel, this Court need not analyze whether the petitioner was prejudiced by counsel's representation.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
| Seq. # | Filing Date | Description | Attachment |
|---|---|---|---|
| 1 | 10/19/2016 | NOTICE OF APPEAL : 10/19/2016 | |
| 2 | 10/19/2016 | ORDER FOR TRANSCRIPT : 10/20/2016 | |
| 3 | 10/19/2016 | NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV. | |
| 4 | 10/19/2016 | Notice Served on Kabbah Morris & Todd A. Schwarz | |
| 5 | 11/14/2016 | ELEC. RECORD ON APPEAL DATED NOVEMBER 10, 2016 (ENTRY NOS. 1-54, 56-66)(NOT SENT: 55) | |
| 6 | 11/21/2016 | Samuel A. Gereszek appointed to represent Appellant | |
| 7 | 11/29/2016 | ELEC. RECORD ON APPEAL DATED (ENTRY NOS. 1-18, 21-33)(UNDERLYING CRIMINAL)(NOT SENT: 19, 20) | |
| 8 | 12/16/2016 | ELECTRONIC TRANSCRIPT DATED SEPTEMBER 16, 2016 & C.O.S. | |
| 9 | 01/27/2017 | APPELLANT BRIEF (PDF) | View |
| 10 | 01/27/2017 | E-FILED BRIEF (PDF) | |
| 11 | 01/27/2017 | APPELLANT APPENDIX | |
| 12 | 01/27/2017 | E-FILED APPENDIX | |
| 13 | 01/30/2017 | MOT. EXT/TIME APPELLANT BRIEF | |
| 14 | 01/30/2017 | E-FILED MOTION | |
| 15 | 01/30/2017 | ACTION BY CLERK - Granted : 01/27/2017 | |
| 16 | 01/31/2017 | Received $25 ATB e-filing surcharge (Receipt #25051) | |
| 17 | 02/01/2017 | Received 6 copies of ATB from Central Duplicating | |
| 18 | 02/01/2017 | Received 6 copies of ATA from Central Duplicating | |
| 19 | 02/22/2017 | APPELLEE BRIEF (PDF) | View |
| 20 | 02/22/2017 | E-FILED BRIEF (PDF) | |
| 21 | 02/23/2017 | NOTICE OF ORAL ARGUMENT SENT | |
| 22 | 02/23/2017 | 1ST ELEC. SUPP. RECORD ON APPEAL DATED FEBRUARY 21, 2017 (ENTRY NOS.55 & 67) | |
| 23 | 02/23/2017 | received Entry No.55's CD via U.S. Mail | |
| 24 | 02/24/2017 | Notice from counsel for Appellee that they will not appear for oral argument and rest | |
| 25 | 02/24/2017 | on their brief N.D.R.App.P. 34(e) and (f) | |
| 26 | 02/28/2017 | Received $25 AEB e-filing surcharge (Receipt #25104) | |
| 27 | 03/02/2017 | Received non-substantive corrections to AEB (reference to paragraph number) | |
| 28 | 03/03/2017 | Received C.O.S. for non-substantive corrections to AEB | |
| 29 | 03/03/2017 | Received 6 copies of AEB from Central Duplicating | |
| 30 | 03/22/2017 | APPEARANCES: Samuel A. Gereszek; Appellee waived under N.D.R.App.P. 34(e) and (f) | |
| 31 | 03/22/2017 | ARGUED: Samuel A. Gereszek | |
| 32 | 03/22/2017 | ORAL ARGUMENT WEBCAST | |
| 33 | 04/25/2017 | DISPOSITION | |
| 34 | 04/25/2017 | UNANIMOUS OPINION : Kapsner, Carol Ronning | View |
| 35 | 04/26/2017 | Judgment Sent to Parties | |
| 36 | 05/24/2017 | MANDATE | |
| 37 | 06/15/2017 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE | |
| 38 | 08/12/2022 | EXPUNGED - Nonpermanent record items destroyed |