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State v. Atkins

Docket No. 20180411
Oral Argument: Waived

Docket Info

Title
State of North Dakota, Plaintiff and Appellee
v.
Cody Michael Atkins, Defendant and Appellant
Case Type
CIVIL APPEAL : POST-CONVICTION RELIEF
Appeal From
Case No. 2014-CR-01844
Northeast Central Judicial District, Grand Forks County
John A. Thelen
2019 ND 145928 N.W.2d 441

Highlight

A defendant may not avoid the procedures of the Uniform Postconviction Procedure Act by designating his motion under a rule of criminal procedure or by filing his motion in his criminal file, rather than filing as a new action for post-conviction relief.

Briefs

Filing Date Description
01/28/2019 APPELLANT BRIEF View
02/20/2019 APPELLEE BRIEF View
03/12/2019 REPLY BRIEF View

Counsel

Party Type Name
APPELLEE ASST. STATE'S ATTORNEY Meredith Huseby Larson - 06206
APPELLANT COURT APPOINTED Scott Orel Diamond - 05773

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

Seq. # Filing Date Description Attachment
1 11/19/2018 NOTICE OF APPEAL : 11/19/2018
2 11/19/2018 ORDER FOR TRANSCRIPT : 11/21/2018
3 11/20/2018 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
4 11/20/2018 Notice served on Rhiannon Gorham and Meredith Larson
5 11/26/2018 Rec'd Notice of Assignment of Counsel by Scott O. Diamond
6 12/18/2018 ELEC. RECORD ON APPEAL DATED DECEMBER 17, 2018 (ENTRY NOS.1 - 179 AND 181 - 197)NOT REC'D #180
7 01/09/2019 ELEC. SUPP. RECORD ON APPEAL DATED JANUARY 8, 2019 (ENTRY NOS. 198-200)
8 01/09/2019 ELECTRONIC TRANSCRIPT DATED MARCH 23, 2018, AUGUST 10, 2018, & C.O.S.
9 01/28/2019 APPELLANT BRIEF View
10 01/28/2019 E-FILED BRIEF
11 01/28/2019 APPELLANT APPENDIX
12 01/28/2019 E-FILED APPENDIX
13 02/01/2019 Rec'd 6 copies of ATB from Central Duplicating.
14 02/01/2019 Rec'd 6 copies of ATA from Central Duplicating.
15 02/04/2019 Rec'd $25 ATB surcharge (Receipt No. 26882)
16 02/14/2019 Rule 24 N.D.R.App.P. Supplemental Statement by Indigent Defendant View
17 02/20/2019 APPELLEE BRIEF View
18 02/20/2019 E-FILED BRIEF (PDF)
19 02/22/2019 Rec'd $25 surcharge for AEB (receipt #26907)
20 02/25/2019 REQUEST TO WAIVE ORAL ARGUMENT ON BEHALF OF APPELLEE
21 02/26/2019 Rec'd 6 copies of AEB from Central Duplicating
22 03/12/2019 REPLY BRIEF View
23 03/15/2019 Rec'd 6 copies of RYB from CSD
24 03/15/2019 ACTION BY SUPREME COURT (request to waive oral argument on behalf of Appellee) - Granted
25 03/15/2019 ANNOUNCED DISQUALIFICATION : Jensen, Jon J.
26 03/19/2019 NOTICE OF ORAL ARGUMENT SENT
27 03/19/2019 REQUEST TO WAIVE ORAL ARGUMENT ON BEHALF OF APPELLANT
28 03/19/2019 ACTION BY SUPREME COURT - Granted
29 03/21/2019 SITTING WITH THE COURT : Lee, Gary H.
30 04/01/2019 APPEARANCES: Waived under N.D.R.App.P. 34(f)
31 04/01/2019 ARGUED: Waived under N.D.R.App.P. 34(f)
32 05/24/2019 DISPOSITION
33 05/24/2019 UNANIMOUS OPINION : McEvers, Lisa K. Fair View
34 05/24/2019 Judgment Sent to Parties
35 05/28/2019 Corrected/Substitute Opinion Page 4, Paragraph 11, Line 18: Insert is “(1)” as noted:
36 05/28/2019 cont. N.D.C.C. § 29-32.1-01(1)(h)
37 06/17/2019 MANDATE