State v. Craig
- State of North Dakota, Plaintiff and Appellee
Russell Frank Craig, Defendant and Appellant
- Case Type
- CRIMINAL APPEAL : HOMICIDE
- Appeal From
Case No. 06-K-01051
South Central Judicial District, Burleigh County
Bruce A. Romanick
Parties' Statement of Issues
Whether the district court erred by violating the North Dakota Rules of Court timelines for motion submissions, responses, and oral argument requests?
Whether the district court erred by violating Rule 3.2 of the North Dakota Rules of Court.
Russell Frank Craig appeals from the district court’s order denying his motion to withdraw his guilty plea.
Craig pleaded guilty to murder in 2007. On August 17, 2018, Craig filed a motion to withdraw his guilty plea and requested an oral argument. The court scheduled the oral argument for October 16, 2018. On October 5, 2018, the State filed a motion for extension of response time. The court granted the extension and the State submitted its response to Craig’s motion to withdraw his guilty plea on October 12, 2018. On October 24, 2018, the court denied Craig’s motion to withdraw his guilty plea.
On appeal, Craig argues the district court erred by failing to follow the timeline for responses as set forth in N.D.R.Ct. 3.2(a)(2) and by failing to hold the oral argument as scheduled, violating N.D.R.Ct. 3.2(a)(3).
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
|Seq. #||Filing Date||Description||Attachment|
|1||10/30/2018||NOTICE OF APPEAL : 10/30/2018|
|2||10/30/2018||Rec'd IDB Request for any fees due by Appellant Counsel|
|3||10/31/2018||NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.|
|4||10/31/2018||Sam Gereszek appointed as counsel for Craig|
|5||11/05/2018||ORDER OF REMAND|
|6||11/30/2018||MOT. EXT/TIME APPELLANT BRIEF|
|8||11/30/2018||ACTION BY CHIEF DEPUTY CLERK - Granted : 01/09/2019|
|9||12/05/2018||Remand extended to December 7, 2018 - action by Chief Justice|
|10||12/06/2018||ELEC. RECORD ON APPEAL DATED NOVEMBER 5, 2018 (ENTRY NOS.1-69, 71-113)|
|11||12/06/2018||AMENDED ELEC. RECORD ON APPEAL DATED DECEMBER 6, 2018 (ENTRY NOS. 1-69, 71-114)(NOT SENT: 57)|
|16||01/14/2019||Rec'd $25 e-filing surcharge for ATB and ATA (receipt # 26843)|
|17||01/15/2019||Rec'd 6 copies of ATB back from Central Duplicating|
|18||01/15/2019||Rec'd 6 copies of ATA back from Central Duplicating|
|21||02/08/2019||Rec'd 6 copies of AEB from Central Duplicating|
|22||02/19/2019||NOTICE OF ORAL ARGUMENT SENT|
|23||02/25/2019||Rec'd $25 AEB surcharge|
|24||03/20/2019||Request for Radio/TV Coverage (KFYR-TV)|
|25||03/21/2019||ACTION BY CLERK - Granted|