Morales v. State
- Edward Reynaldo Morales, Petitioner and Appellant
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
Whether the District Court erred in granting the State’s motion to dismiss post-conviction applications.
The District Court correctly dismissed Morales’ post-conviction applications.
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.
(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|
|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)|
|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|