Stein v. State
Docket Info
- Title
- Rocky Stein, Petitioner and Appellant
v.
State of North Dakota, Respondent and Appellee - Case Type
- CIVIL APPEAL : POST-CONVICTION RELIEF
- Appeal From
-
Case No. 2017-CV-00164
South Central Judicial District, Mercer County
Thomas J. Schneider
Highlight
A district court may summarily dismiss an application for post-conviction relief if there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.
Ineffective assistance of counsel issues are mixed questions of law and fact, which are fully reviewable on appeal.
When a claim made in an application for post-conviction relief is clearly and unambiguously contradicted by the record, summary disposition is appropriate.
When determining if summary disposition is appropriate on claims of ineffective assistance of counsel, the record and transcripts are generally not adequate if the petitioner alleges incidents outside of the record.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
Seq. # | Filing Date | Description | Attachment |
---|---|---|---|
1 | 04/03/2018 | NOTICE OF APPEAL : 04/03/2018 | |
2 | 04/04/2018 | NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV. | |
3 | 04/04/2018 | Notice served on Charles J. Sheeley and Jessica J. Binder | |
4 | 05/03/2018 | ELEC. RECORD ON APPEAL DATED MAY 2, 2018 (ENTRY NOS.1-44) | |
5 | 05/03/2018 | ELEC. RECORD ON APPEAL DATED MAY 2, 2018 (ENTRY NOS.1-122) (Underlying Criminal) | |
6 | 05/04/2018 | APPELLANT BRIEF | View |
7 | 05/04/2018 | E-FILED BRIEF | |
8 | 05/04/2018 | APPELLANT APPENDIX | |
9 | 05/04/2018 | E-FILED BRIEF | |
10 | 05/07/2018 | Received ATB $25 e-filing surcharge (Receipt #26136) | |
11 | 05/09/2018 | Received non-substantive corrections to ATB & ATA (title & nature) | |
12 | 05/14/2018 | Received 6 copies of ATB & ATA from CSD | |
13 | 05/21/2018 | Received $29 overage fee for ATA (receipt #26177) | |
14 | 05/30/2018 | MOT. EXT/TIME APPELLEE BRIEF | |
15 | 05/30/2018 | E-FILED MOTION | |
16 | 05/30/2018 | Mr. Sheeley's e-mail he did not object to extension | |
17 | 05/30/2018 | ACTION BY CLERK - Granted : 07/05/2018 | |
18 | 07/03/2018 | APPELLEE BRIEF | View |
19 | 07/03/2018 | E-FILED BRIEF (PDF) | |
20 | 07/03/2018 | APPELLEE APPENDIX | |
21 | 07/03/2018 | E-FILED APPENDIX | |
22 | 07/11/2018 | Rec'd non-substantive correction to AEB (missing paragraph 23) | |
23 | 07/12/2018 | Rec'd 6 copies of AEB & AEA from CSD | |
24 | 07/17/2018 | Rec'd $75.50 e-filing surcharge for AEB & AEA (receipt #26306) | |
25 | 07/16/2018 | REPLY BRIEF | View |
26 | 07/16/2018 | E-FILED BRIEF | |
27 | 07/20/2018 | Rec'd 6 copies of RYB from CSD | |
28 | 09/19/2018 | NOTICE OF ORAL ARGUMENT SENT | |
29 | 10/31/2018 | APPEARANCES: Charles J. Sheeley; Jessica J. Binder | |
30 | 10/31/2018 | ARGUED: Charles J. Sheeley; Jessica J. Binder | |
31 | 10/31/2018 | ORAL ARGUMENT WEBCAST | |
32 | 12/06/2018 | DISPOSITION | |
33 | 12/06/2018 | UNANIMOUS OPINION : Jensen, Jon J. | View |
34 | 12/07/2018 | Judgment Sent to Parties | |
35 | 01/07/2019 | MANDATE | |
36 | 03/04/2024 | EXPUNGED - Nonpermanent record items destroyed |