State v. Craig

Docket No. 20180397
Oral Argument: Tuesday, March 26, 2019 1:30 PM

Docket Info

Title
State of North Dakota, Plaintiff and Appellee
v.
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

  • Appellant

    Whether the district court erred by violating the North Dakota Rules of Court timelines for motion submissions, responses, and oral argument requests?

  • Appellee 1

    Whether the district court erred by violating Rule 3.2 of the North Dakota Rules of Court.


Summary

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).


Briefs

Filing Date Description
01/09/2019 APPELLANT BRIEF View
02/07/2019 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLEE ASST. STATE'S ATTORNEY Tessa Marie Vaagen - 07828
APPELLANT COURT APPOINTED Samuel A. Gereszek - 07040

(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
7 11/30/2018 E-FILED MOTION
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)
12 01/09/2019 APPELLANT BRIEF View
13 01/09/2019 E-FILED BRIEF(PDF)
14 01/09/2019 APPELLANT APPENDIX
15 01/09/2019 E-FILED APPENDIX(PDF)
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
19 02/07/2019 APPELLEE BRIEF View
20 02/07/2019 E-FILED BRIEF
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