Lavallie v. State

Docket No. 20180362
Oral Argument: Waived

Docket Info

Title
Julie Roubideaux Lavallie, Petitioner and Appellee
v.
State of North Dakota, Respondent and Appellant
Case Type
CIVIL APPEAL : POST-CONVICTION RELIEF
Appeal From
Case No. 2018-CV-00776
South Central Judicial District, Burleigh County
Bruce B. Haskell

Parties' Statement of Issues

  • Appellant

    Whether the district court erred in granting Lavallie Post-Conviction Relief.


Summary

The State of North Dakota appeals from a district court order granting post-conviction relief and reducing the sentence of Julie Roubideaux Lavallie from twenty years to ten years’ imprisonment.
Lavallie pleaded guilty to a third delivery offense of methamphetamine. On May 8, 2017, a criminal judgment was entered against Lavallie. Lavallie was sentenced to a mandatory twenty-year sentence for a third delivery offense of methamphetamine. The sentencing occurred prior to the legislature amending the twenty-year minimum mandatory sentence to a ten-year mandatory sentence for a third offense. On March 19, 2018, Lavallie filed for post-conviction relief under N.D.C.C. § 29-32.1-01(f), arguing a significant change in the substantive or procedural law has occurred which, in the interest of justice, should be applied retrospectively.
On July 30, 2018, the district court issued findings and an order granting Lavallie post-conviction relief. On August 27, 2018, the district court denied the State’s motion to reconsider. The State appealed. On appeal, the State argues the district court erred in granting Lavallie post-conviction relief.


Briefs

Filing Date Description
12/28/2018 APPELLANT BRIEF View
01/28/2019 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLANT ASST. STATE'S ATTORNEY Tessa Marie Vaagen - 07828
APPELLEE COURT APPOINTED Thomas John Glass - 05882

(Note: Attachments may not be available for recently filed cases and/or confidential documents.)

Seq. # Filing Date Description Attachment
1 09/27/2018 NOTICE OF APPEAL : 09/27/2018
2 09/27/2018 ORDER FOR TRANSCRIPT : 10/01/2018
3 10/01/2018 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
4 10/01/2018 Notice served on Tessa M. Vaagen and Thomas J. Glass
5 10/29/2018 ELEC. RECORD ON APPEAL DATED OCTOBER 26, 2018 (ENTRY NOS. 1-30, 34-39)
6 11/09/2018 AMENDED ELEC. RECORD ON APPEAL DATED NOVEMBER 8, 2018 (ENTRY NOS. 1-30, 34-38, 40-41)
7 11/09/2018 ELEC. RECORD ON APPEAL DATED NOVEMBER 8, 2018 (ENTRY NOS. 1-74)(UNDERLYING 2012-CR-02312)
8 11/09/2018 ELEC. RECORD ON APPEAL DATED NOVEMBER 9, 2018 (ENTRY NOS. 1-49)(UNDERLYING 2013-CR-01554)
9 11/09/2018 ELEC. RECORD ON APPEAL DATED NOVEMBER 9, 2018 (ENTRY NOS. 1-21)(UNDERLYING 2013-CR-02628)
10 11/23/2018 ELECTRONIC TRANSCRIPT DATED JULY 19, 2018 & C.O.S.
11 12/28/2018 APPELLANT BRIEF View
12 12/28/2018 APPELLANT APPENDIX
13 12/28/2018 DISK (ATB)(e-mailed)
14 01/07/2019 Rec'd non-substantive corrections to ATB (cover color)
15 01/28/2019 APPELLEE BRIEF View
16 01/28/2019 E-FILED BRIEF (PDF)
17 01/28/2019 APPELLEE APPENDIX
18 01/28/2019 E-FILED APPENDIX
19 01/31/2019 Rec'd $25 e-filing surcharge for AEB (receipt #26870)
20 02/01/2019 Rec'd 6 copies of AEB & AEA from CSD
21 02/19/2019 NOTICE OF ORAL ARGUMENT SENT
22 02/21/2019 REQUEST TO WAIVE ORAL ARGUMENT ON BEHALF OF APPELLEE
23 02/21/2019 ACTION BY SUPREME COURT - DENIED, LATER GRANTED
24 02/21/2019 REQUEST TO WAIVE ORAL ARGUMENT ON BEHALF OF APPELLANT
25 02/21/2019 ACTION BY SUPREME COURT - Granted
26 02/21/2019 ACTION BY SUPREME COURT (REQUEST TO WAIVE ORAL ARGUMENT ON BEHALF OF APPELLEE) - Granted