Everett v. State

Docket No. 20180436
Oral Argument: Waived

Docket Info

Title
Tilmer Everett, Petitioner and Appellant
v.
State of North Dakota, Respondent and Appellee
Case Type
CIVIL APPEAL : POST-CONVICTION RELIEF
Appeal From
Case No. 2018-CV-01935
South Central Judicial District, Burleigh County
Bruce A. Romanick

Parties' Statement of Issues

  • Appellee 1

    Whether the district court was correct in summarily dismissing Everett's Post-Conviction Relief Application.


Summary

Tilmer Everett appeals from a summarily dismissed application for post-conviction relief.
In 2007 a jury found Everett guilty of gross sexual imposition. The Supreme Court affirmed the conviction in State v. Everett, 2008 ND 126, 756 N.W.2d 344. Since the Court affirmed his conviction Everett has unsuccessfully filed numerous applications for post-conviction relief. See Everett v. State, 2016 ND 78, 877 N.W.2d 796; Everett v. State, 2015 ND 162, 870 N.W.2d 26; Everett v. State, 2012 ND 189, 821 N.W.2d 385; Everett v. State, 2011 ND 221, 806 N.W.2d 438; Everett v. State, 2010 ND 226, 795 N.W.2d 37; Everett v. State, 2010 ND 4, 789 N.W.2d 282; Everett v. State, 2008 ND 199, 757 N.W.2d 530; see also State v. Everett, 2014 ND 191, 858 N.W.2d 652. The Court deemed three other cases unappealable. Everett v. State, 2017 ND 111, 893 N.W.2d 506; Everett v. State, 2018 ND 93, 892 N.W.2d 898; Everett v. State, 2018 ND 114, 910 N.W.2d 835. In August 2015 the district court barred Everett from future filings without leave of the court. The Supreme Court affirmed the decision in Everett v. State, 2016 ND 78, 877 N.W.2d 796. The district court allowed this application for post-conviction relief based on a signed affidavit containing alleged new evidence. The application was summarily dismissed upon review.
On appeal Everett argues the district court erred in dismissing his application for post-conviction relief, failing to entertain a motion to compel allegedly new evidence, and by allowing the State to file an untimely motion for summary disposition. Everett further argues the district court prejudiced his case by not docketing the entire record on appeal and sending an ex-parte communication to the State.


Briefs

Filing Date Description
03/19/2019 APPELLANT BRIEF View
04/17/2019 APPELLEE BRIEF View
04/29/2019 REPLY BRIEF View

Counsel

Party Type Name
APPELLEE ASST. STATE'S ATTORNEY Karlei K. Neufeld - 08103
APPELLANT PRO SE Tilmer Everett #19487

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

Seq. # Filing Date Description Attachment
1 12/11/2018 NOTICE OF APPEAL : 12/11/2018
2 12/12/2018 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
3 12/12/2018 Notice served on Tilmer P. Everett and Karlei K. Neufeld
4 12/17/2018 MOTION FOR Stay and Abeyance
5 12/21/2018 ACTION BY CHIEF JUSTICE - Denied
6 12/21/2018 MOTION FOR Court to Order Transcripts
7 12/21/2018 ACTION BY CHIEF JUSTICE - Denied
8 01/08/2019 ELEC. RECORD ON APPEAL DATED JANUARY 7, 2019 (ENTRY NOS. 1-36 & 39 (no 37 or 38))
9 01/16/2019 MOT. EXT/TIME APPELLANT BRIEF
10 01/16/2019 ACTION BY CLERK - Granted : 02/21/2019
11 02/19/2019 MOT. EXT/TIME APPELLANT BRIEF
12 02/19/2019 ACTION BY CHIEF JUSTICE - Granted : 03/25/2019
13 03/19/2019 APPELLANT BRIEF View
14 04/30/2019 Paper Filed Document
15 03/19/2019 APPELLANT APPENDIX
16 04/30/2019 Paper Filed Document
17 03/21/2019 Rec'd $25 surcharge for ATB (receipt 26954)
18 03/28/2019 Rec'd $81.00 for ATA (receipt #26973)
19 03/28/2019 Rec'd nonsubstantive corrections to ATB
20 04/01/2019 Rec'd 6 copies of ATB & ATA from Central Duplicating
21 04/17/2019 APPELLEE BRIEF View
22 04/17/2019 APPELLEE APPENDIX
23 04/18/2019 Rec'd 6 copies of AEB back from Central Duplicating
24 04/18/2019 Rec'd 6 copies of AEA back from Central Duplicating
25 04/23/2019 No appearance/argument by Appellant - Inmate and will not be transported per policy of NDSP
26 04/23/2019 S.CT. DETERMINED ORAL ARGUMENT NOT NECESSARY ON BEHALF OF THE APPELLEE
27 04/29/2019 REPLY BRIEF View
28 04/29/2019 Paper Filed Document
29 04/29/2019 APPELLANT APPENDIX
30 04/29/2019 Paper Filed Document
31 05/09/2019 Rec'd $25 for AEB e-filing surcharge (receipt #27050)
32 05/23/2019 APPEARANCES: Waived under N.D.R.App.P. 34(e) and (a)(2)
33 05/23/2019 ARGUED: Waived under N.D.R.App.P. 34(e) and (f)