Curtiss v. State

Docket No. 20180392
Oral Argument: Waived

Docket Info

Title
Spencer Kerry Curtiss, Petitioner and Appellant
v.
State of North Dakota, Respondent and Appellee
Case Type
CIVIL APPEAL : POST-CONVICTION RELIEF
Appeal From
Case No. 2016-CV-02655
South Central Judicial District, Burleigh County
David E. Reich

Parties' Statement of Issues

  • Appellant

    I. Whether the trial court erred in granting Summary Disposition of Post-Conviction Application resulting in the denial of relief;
    II. Whether the district court erred in the denial of Motion for Reconsideration;
    III. Whether the district court erred in the denial of the Motion to Correct an Illegal Sentence;
    IV. Whether the district court erred in review and denying the Motion for Summary Judgment upon Additional Conflicts of Interest;
    V. Whether the district court committed a miscarriage of justice in this legal action.

  • Appellee 1

    [l] Whether the district court erred in granting the State's Motion for Summary Disposition.
    [2] Whether the district court erred in denying Curtiss's Motion to Correct an Illegal Sentence.
    [3] Whether the district court erred in denying Curtiss's Motion for Reconsideration.
    [4] Whether the district court erred in denying Curtiss's Motion for Summary Judgment Upon Additional Conflicts of Interest.
    [5] Whether the district court committed a miscarriage of justice in this legal action.


Summary

Spencer Curtiss appeals from an order denying his application for post-conviction relief and an order denying his motion for reconsideration and to correct his sentence.
Curtiss was convicted of gross sexual imposition in 2010. His conviction was affirmed on appeal. See State v. Curtiss, 2011 ND 175, 803 N.W.2d 834. In 2012, Curtiss applied for post-conviction relief. His application was denied and the denial was affirmed on appeal. Curtiss v. State, 2016 ND 62, 877 N.W.2d 58. In 2014, Curtiss applied for post-conviction relief a second time. His application was summarily dismissed, and the dismissal was affirmed on appeal. Curtiss v. State, 2015 ND 83, 865 N.W.2d 124. In 2016, Curtiss filed his third application for post-conviction relief, arguing there was newly discovered evidence and he was denied effective assistance of counsel in prior post-conviction proceedings. The State moved for summary disposition. After a hearing, the district court granted the State’s motion for summary dismissal of Curtiss’ claim of ineffective assistance of counsel, concluding the claim was not permitted under N.D.C.C. § 29-32.1-09(2). A separate hearing was held on Curtiss’ claim of newly discovered evidence and the State renewed its request for summary dismissal. The court granted the State’s motion and denied Curtiss’ application for post-conviction relief. The court concluded the alleged newly discovered evidence was in existence and provided to defense counsel prior to trial, and was not “newly discovered evidence” under N.D.C.C. § 29-32.1-01(3)(a). The court also concluded the alleged “alibi” evidence could not be considered to provide an alibi for the offense and would not require vacation of the conviction. Curtiss moved for reconsideration and to correct an illegal sentence. The court denied Curtiss’ motions.
On appeal, Curtiss argues the district court erred in summarily dismissing his application for post-conviction relief, denying his motion for reconsideration, and denying his motion to correct an illegal sentence. Curtiss also contends there were conflicts of interest and the court committed a miscarriage of justice.


Briefs

Filing Date Description
02/08/2019 APPELLANT BRIEF & ADDENDUM View
03/08/2019 APPELLEE BRIEF View
03/22/2019 REPLY BRIEF View

Counsel

Party Type Name
APPELLEE ASST. STATE'S ATTORNEY Tessa Marie Vaagen - 07828
APPELLANT PRO SE Spencer K. Curtiss

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

Seq. # Filing Date Description Attachment
1 10/25/2018 NOTICE OF APPEAL : 10/25/2018
2 10/25/2018 ORDER FOR TRANSCRIPT : 10/29/2018
3 10/29/2018 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
4 10/29/2018 Notice served on Spencer K. Curtiss and Tessa M. Vaagen
5 11/19/2018 Rec'd $25 e-filing surcharge for ATB (receipt #26733)
6 11/26/2018 ELEC. ROA DATED NOVEMBER 23, 2018 (ENTRY NOS.1-54, 56-59 & 62-211) Items deleted: 55, 60 & 61
7 11/26/2018 1ST ELEC. SUPP. ROA DATED 11/23/18 (ENTRY NOS.98-101)(trial court 10-K-01650)(Underlying Crim. Rec)
8 11/28/2018 Suspension of Transcript Preparation filed by Ronda Colby, Court Reporter
9 11/29/2018 1ST ELEC. SUPP. AMENDED ROA DATED 11/29/18 (ENTRY NOS. 98-102) (underlying crim. rec., 10-K-01650)
10 12/03/2018 Resumption of Preparation of Transcript dated December 3, 2018 by Ronda Colby
11 12/19/2018 Electronic Transcript Dated March 13, 2018, & C.O.S. , July 17, 2018 & C.O.S.
12 01/16/2019 MOT. EXT/TIME APPELLANT BRIEF
13 01/16/2019 ACTION BY CLERK - Granted : 02/27/2019
14 02/08/2019 APPELLANT BRIEF & ADDENDUM View
15 02/08/2019 E-FILED BRIEF (PDF)
16 02/08/2019 APPELLANT APPENDIX
17 02/08/2019 E-FILED APPENDIX (PDF)
18 02/12/2019 Rec'd 6 copies of ATB back from Central Duplicating(
19 02/12/2019 Rec'd 6 copies of ATA back from Central Duplicating
20 03/08/2019 APPELLEE BRIEF View
21 03/14/2019 Rec'd non-substantive correction to AEB (redaction)
22 03/13/2019 ELEC. SUPP. RECORD ON APPEAL DATED MARCH 12, 2019 (ENTRY NOS. 212-240)
23 03/15/2019 MOT. EXT/TIME REPLY BRIEF
24 03/18/2019 ACTION BY CLERK - Granted : 04/08/2019
25 03/19/2019 NOTICE OF ORAL ARGUMENT SENT
26 03/19/2019 NO APPEARANCE ON BEHALF OF APPELLANT - INMATE (NDSP WILL NOT TRANSPORT)
27 03/19/2019 Rec'd 6 copies of AEB from CSD
28 03/22/2019 REPLY BRIEF View
29 03/25/2019 Rec'd 6 copies of RYB from CSD
30 04/02/2019 REQUEST TO WAIVE ORAL ARGUMENT ON BEHALF OF APPELLEE
31 04/02/2019 ACTION BY SUPREME COURT - Granted
32 04/04/2019 Rec'd $25 for AEB (receipt #26985)