Morales v. State

Docket No. 20180408
Oral Argument: Tuesday, March 26, 2019 2:45 PM

Docket Info

Title
Edward Reynaldo Morales, Petitioner and Appellant
v.
State of North Dakota, Respondent and Appellee
Case Type
CIVIL APPEAL : POST-CONVICTION RELIEF
Appeal From
Case No. 2017-CV-00031
Northwest Judicial District, Williams County
Joshua B. Rustad

Parties' Statement of Issues

  • Appellant

    Whether the District Court erred in granting the State’s motion to dismiss post-conviction applications.

  • Appellee 1

    The District Court correctly dismissed Morales’ post-conviction applications.


Summary

Edward Morales appeals from a district court’s order summarily dismissing his application for post-conviction relief.

Morales pled guilty to causing a death while operating a motor vehicle under the influence of alcohol in violation of N.D.C.C. § 39-08-01.2(1). He applied for post-conviction relief, alleging ineffective assistance of counsel. No hearing was held prior to the dismissal of Morales’s post-conviction application. He claims he received ineffective assistance of counsel because of promises and advice he alleges his attorney gave him. One such alleged promise was that he would win on his suppression issue at the Supreme Court.

On appeal, Morales argues summary dismissal was inappropriate. He requests a reversal and a remand for an evidentiary hearing on his ineffective assistance of counsel claim. The State argues Morales did not meet the required showings to warrant a post-conviction hearing on an ineffective assistance of counsel claim after a plea of guilty.


Briefs

Filing Date Description
12/26/2018 APPELLANT BRIEF View
01/22/2019 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLEE ASST. STATE'S ATTORNEY Nathan Kirke Madden - 06518
APPELLANT COURT APPOINTED Matthew John Arthurs - 06359

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

Seq. # Filing Date Description Attachment
1 11/13/2018 NOTICE OF APPEAL : 11/13/2018
2 11/14/2018 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
3 11/14/2018 Notice served on Matthew J. Arthurs and Nathan K. Madden
4 12/26/2018 APPELLANT BRIEF View
5 12/26/2018 E-FILED BRIEF
6 12/26/2018 APPELLANT APPENDIX
7 12/26/2018 E-FILED APPENDIX
8 01/02/2019 Rec'd 6 copies of ATA from Central Duplicating.
9 01/02/2019 Rec'd 6 copies of ATB from Central Duplicating.
10 12/21/2018 ELEC. RECORD ON APPEAL DATED December 21, 2018 (#1-52, excluding #8)
11 12/31/2018 ELEC. RECORD ON APPEAL DATED December 28, 2018 (#1-78, excluding #77) (underlying criminal)
12 01/07/2019 Rec'd proof of service on indigent defendant from Matt Arthurs.
13 01/17/2019 Rec'd $25 surcharge from Matt Arthurs. (Receipt No 26844)
14 01/22/2019 APPELLEE BRIEF View
15 01/22/2019 E-FILED BRIEF (PDF)
16 01/22/2019 Rec'd $25 surcharge for AEB (Receipt #26853)
17 01/24/2019 Rec'd non-substantive corrections on AEB
18 01/29/2019 Rec'd 6 copies of AEB back from Central Duplicating
19 02/19/2019 NOTICE OF ORAL ARGUMENT SENT