State v. Cody
Docket No. 20160357
Oral Argument:
Tuesday, May 9, 2017 4:00 PM
Docket Info
- Title
- State of North Dakota, Plaintiff and Appellee
v.
Wesley Alan Cody, Defendant and Appellant - Case Type
- CRIMINAL APPEAL : THEFT
- Appeal From
-
Case No. 2016-CR-00261
Southeast Judicial District, Stutsman County
Thomas E. Merrick
2017 ND 147896 N.W.2d 647
Highlight
When an ineffective assistance of counsel claim is raised on direct appeal from a criminal conviction, the defendant must show ineffectiveness of constitutional dimensions from the face of the existing record to obtain relief.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
| Seq. # | Filing Date | Description | Attachment |
|---|---|---|---|
| 1 | 10/24/2016 | NOTICE OF APPEAL : 10/24/2016 | |
| 2 | 10/25/2016 | NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV. | |
| 3 | 10/25/2016 | Notice served on Scott P. Brand & Frederick R. Fremgen | |
| 4 | 10/30/2016 | Received Order Removing Scott P. Brand as Counsel for Appellant | |
| 5 | 11/02/2016 | Ben Pulkrabek is now assigned Appellant counsel | |
| 6 | 11/22/2016 | ELEC. RECORD ON APPEAL DATED NOVEMBER 21, 2016 (ENTRY NOS.1-32, 34-59) | |
| 7 | 11/25/2016 | ORDER FOR TRANSCRIPT (misfiled in trial court on Nov 2, 2016) : 11/03/2016 | |
| 8 | 12/22/2016 | ELECTRONIC TRANSCRIPT DATED SEPTEMBER 21, 2016 & C.O.S. | |
| 9 | 01/26/2017 | ANNOUNCED DISQUALIFICATION : Tufte, Jerod E. | |
| 10 | 01/26/2017 | APPELLANT BRIEF (PDF) | View |
| 11 | 01/26/2017 | E-FILED BRIEF (PDF) | |
| 12 | 01/26/2017 | APPELLANT APPENDIX | |
| 13 | 01/26/2017 | E-FILED APPENDIX | |
| 14 | 01/30/2017 | Received non-substantive correction to ATB and ATA (signature block & exhibits by name) | |
| 15 | 01/31/2017 | Received $25 ATB e-filing surcharge (receipt #25054) | |
| 16 | 02/02/2017 | Received proof of service for non-substantive corrections made to ATB & ATA | |
| 17 | 02/06/2017 | MOT. EXT/TIME APPELLEE BRIEF | |
| 18 | 02/06/2017 | E-FILED MOTION | |
| 19 | 02/06/2017 | ACTION BY CLERK - Granted : 03/30/2017 | |
| 20 | 02/03/2017 | Received 6 copies of ATB from Central Duplicating | |
| 21 | 02/03/2017 | Received 6 copies of ATA from Central Duplicating | |
| 22 | 02/07/2017 | Jeffrey P. Davis is assigned Appellee counsel | |
| 23 | 02/10/2017 | Received $25 AEB e-filing surcharge (Receipt #25077) | |
| 24 | 03/29/2017 | APPELLEE BRIEF (PDF) | View |
| 25 | 03/29/2017 | E-FILED BRIEF (PDF) | |
| 26 | 04/03/2017 | Received 6 copies of AEB from central duplicating | |
| 27 | 04/18/2017 | NOTICE OF ORAL ARGUMENT SENT | |
| 28 | 04/19/2017 | SITTING WITH THE COURT : Anderson, Zane | |
| 29 | 05/08/2017 | S.CT. DETERMINED ORAL ARGUMENT NOT NECESSARY | |
| 30 | 05/09/2017 | APPEARANCES: Waived under N.D.R.App.P. 34(a)(2) | |
| 31 | 05/09/2017 | ARGUED: Waived under N.D.R.App.P. 34(a)(2) | |
| 32 | 06/15/2017 | DISPOSITION (AND REMANDED) | |
| 33 | 06/15/2017 | UNANIMOUS OPINION : McEvers, Lisa K. Fair | View |
| 34 | 06/16/2017 | Judgment Sent to Parties | |
| 35 | 06/28/2017 | PETITION FOR REHEARING (PDF) | View |
| 36 | 06/28/2017 | E-FILED BRIEF (PDF) | |
| 37 | 07/03/2017 | Rec'd 6 copies of PER from CSD | |
| 38 | 07/21/2017 | Denied Petition for Rehearing - Denied | |
| 39 | 07/31/2017 | MANDATE | |
| 40 | 08/15/2022 | EXPUNGED - Nonpermanent record items destroyed |