Davies v. State
Docket Info
- Title
- Roger Lee Davies, Petitioner and Appellant
v.
State of North Dakota, Respondent and Appellee - Case Type
- CIVIL APPEAL : POST-CONVICTION RELIEF
- Appeal From
-
Case No. 2017-CV-00199
Northwest Judicial District, McKenzie County
Benjamen James Johnson
Highlight
Summary disposition is generally inappropriate for post-conviction claims of ineffective assistance of counsel because the underlying record and transcripts do not fully develop the record.
In opposing a State’s motion for summary disposition, an applicant for post-conviction relief may not merely rely on the pleadings or on unsupported conclusory allegations but must present competent admissible evidence by affidavit or other comparable means which raises an issue of material fact. A verified application for post-conviction relief may be treated as an affidavit to provide evidence to resist a motion for summary disposition.
If the petitioner raises an issue of material fact in resisting summary dismissal of an application for post-conviction relief, the petitioner is entitled to an evidentiary hearing.
When a criminal defendant is charged with continuous sexual abuse of a child, the charging document need not include specific dates of the sexual abuse.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
Seq. # | Filing Date | Description | Attachment |
---|---|---|---|
1 | 02/09/2018 | NOTICE OF APPEAL : 02/09/2018 | |
2 | 02/09/2018 | ORDER FOR TRANSCRIPT : 02/12/2018 | |
3 | 02/12/2018 | NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV. | |
4 | 02/12/2018 | Notice served on Roger L. Davies and Charles Burke Neff | |
5 | 02/27/2018 | Scott O. Diamond appointed to represent Appellant | |
6 | 02/28/2018 | ELECTRONIC TRANSCRIPT DATED DECEMBER 18, 2017 & C.O.S. | |
7 | 03/09/2018 | ELEC. RECORD ON APPEAL DATED MARCH 8, 2018 (ENTRY NOS.1-80) | |
8 | 03/12/2018 | DOCUMENT RECEIVED - NOT FILED (Davies Affidavit of issues) | |
9 | 04/04/2018 | APPELLANT BRIEF (PDF) | View |
10 | 04/04/2018 | E-FILED BRIEF (PDF) | |
11 | 04/04/2018 | APPELLANT APPENDIX | |
12 | 04/04/2018 | E-FILED APPENDIX | |
13 | 04/06/2018 | Rec'd $25 surcharge for ATB (receipt 26041) | |
14 | 04/09/2018 | Rec'd 6 copies of ATB and 6 copies of ATA from Central Duplicating | |
15 | 05/04/2018 | APPELLEE BRIEF | View |
16 | 05/04/2018 | E-FILED BRIEF | |
17 | 05/08/2018 | Rec'd 6 copies of AEB from Central Duplicating | |
18 | 05/10/2018 | Rec'd $25 surcharge for AEB (Receipt #26145) | |
19 | 05/25/2018 | NOTICE OF ORAL ARGUMENT SENT | |
20 | 06/11/2018 | APPEARANCES: Scott O. Diamond; Charles B. Neff | |
21 | 06/11/2018 | ARGUED: Scott O. Diamond; Charles B. Neff | |
22 | 06/11/2018 | ORAL ARGUMENT WEBCAST | |
23 | 09/13/2018 | DISPOSITION and Remanded | |
24 | 09/13/2018 | UNANIMOUS OPINION : McEvers, Lisa K. Fair | View |
25 | 09/14/2018 | Judgment Sent to Parties | |
26 | 10/05/2018 | MANDATE |