Kalmio v. State
Docket No. 20170437
Oral Argument:
Wednesday, June 27, 2018 10:45 AM
Docket Info
- Title
- Omar Kalmio, Petitioner and Appellant
v.
State of North Dakota, Respondent and Appellee - Case Type
- CIVIL APPEAL : POST-CONVICTION RELIEF
- Appeal From
-
Case No. 2014-CV-00785
North Central Judicial District, Ward County
Douglas L. Mattson
2018 ND 182915 N.W.2d 655
Oral Argument
6/27/2018
Highlight
A district court has discretion to allow amendments to pleadings.
An applicant for post-conviction relief may claim ineffective assistance of appellate counsel.
A district court clearly errs by finding an applicant for post-conviction relief did not meet his burden on the first Strickland prong, despite appellate counsel waiving an evidentiary argument on direct appeal because counsel erroneously believed the issue would have a greater chance of success in a post-conviction relief action.
Counsel
Party | Type | Name |
---|---|---|
APPELLEE | ASST. STATE'S ATTORNEY | Kelly Ann Dillon - 05296 |
APPELLANT | PRO SE | Omar Mohamed Kalmio |
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
Seq. # | Filing Date | Description | Attachment |
---|---|---|---|
1 | 12/08/2017 | NOTICE OF APPEAL w/ORDER FOR TRANSCRIPT : 12/08/2017 | |
2 | 12/11/2017 | NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV. | |
3 | 12/11/2017 | Notice served on Omar M. Kalmio & Kelly A. Dillon | |
4 | 12/18/2017 | AMENDED ORDER FOR TRANSCRIPT : 12/20/2017 | |
5 | 01/08/2018 | ELEC. RECORD ON APPEAL DATED JANUARY 5, 2018 (ENTRY NOS. 1-5, 7-61, 63-108, 110-235)(NOT SENT 6) | |
6 | 01/08/2018 | ELEC. RECORD ON APPEAL DATED JANUARY 5, 2018 (ENTRY NOS. 1-185, 187-400, 405, 411, | |
7 | 01/12/2018 | 414-416, 418-427, 449-550)(underlying criminal) | |
8 | 01/12/2018 | ELECTRONIC TRANSCRIPTS DATED JULY 7, 2016, FEBRUARY 2, 2017, AND OCTOBER 6, 2017 & C.O.S. | |
9 | 02/14/2018 | MOT. EXT/TIME APPELLANT BRIEF | |
10 | 02/14/2018 | ACTION BY CLERK - Granted : 03/23/2018 | |
11 | 03/14/2018 | MOTION FOR IN CAMERA REIVEW | |
12 | 03/16/2018 | ACTION BY CHIEF JUSTICE - Denied | |
13 | 04/11/2018 | Received ATB $25 e-filing surcharge (Receipt #26055) | |
14 | 04/11/2018 | APPELLANT APPENDIX (scanned copy only) | |
15 | 04/11/2018 | Received non-compliant ATB (over word-count) | |
16 | 04/26/2018 | Received compliant Appellant Brief (received hardcopy via U.S. mail only) | |
17 | 04/26/2018 | Received requested documents for ATA (ROA & NOA) | |
18 | 04/26/2018 | APPELLANT BRIEF (PDF) (SCANNED COPY ONLY) | View |
19 | 04/27/2018 | DISK NONCOMPLIANCE | |
20 | 02/28/2018 | Received certificate of non-compliance (no electronic copies) | |
21 | 05/01/2018 | Received 6 copies of ATB from Central Duplicating | |
22 | 05/01/2018 | Received 6 copies of ATA from Central Duplicating | |
23 | 05/25/2018 | APPELLEE BRIEF (PDF) | View |
24 | 05/25/2018 | E-FILED BRIEF (PDF) | |
25 | 05/25/2018 | APPELLEE APPENDIX | |
26 | 05/25/2018 | E-FILED APPENDIX | |
27 | 05/29/2018 | NOTICE OF ORAL ARGUMENT SENT | |
28 | 05/29/2018 | Rec'd 6 copies of AEB & AEA from CSD | |
29 | 06/06/2018 | Rec'd $25 e-filing surcharge for AEB (receipt #26211) | |
30 | 06/08/2018 | REPLY BRIEF | View |
31 | 06/08/2018 | DISK NONCOMPLIANCE (scanned) | |
32 | 06/27/2018 | APPEARANCES: Waived under N.D.R.App.P. 34(e); Kelly A. Dillon | |
33 | 06/27/2018 | ARGUED: Waived under N.D.R.App.P. 34(e); Kelly A. Dillon | |
34 | 06/27/2018 | ORAL ARGUMENT WEBCAST | |
35 | 07/11/2018 | MOTION FOR STAY | |
36 | 07/13/2018 | ACTION BY CHIEF JUSTICE - Denied | |
37 | 07/18/2018 | DISPOSITION (and Remanded) | |
38 | 07/18/2018 | UNANIMOUS OPINION : Jensen, Jon J. | View |
39 | 07/19/2018 | Judgment Sent to Parties | |
40 | 08/01/2018 | Mot. Ext/Time Petition for Rehearing | |
41 | 08/01/2018 | ACTION BY CHIEF JUSTICE - Granted : 09/07/2018 | |
42 | 08/30/2018 | PETITION FOR REHEARING | View |
43 | 08/30/2018 | DISK NONCOMPLIANCE (scanned) | |
44 | 08/31/2018 | Rec'd 6 copies of PER from Central Duplicating | |
45 | 09/13/2018 | ACTION BY SUPREME COURT - Denied | |
46 | 09/21/2018 | MANDATE | |
47 | 08/17/2023 | EXPUNGED - Nonpermanent record items destroyed |