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Chase v. State

Docket No. 20190023
Oral Argument: Waived

Docket Info

Title
Lorry Van Chase, Petitioner and Appellant
v.
State of North Dakota, Respondent and Appellee
Case Type
CIVIL APPEAL : POST-CONVICTION RELIEF
Appeal From
Case No. 2016-CV-00148
Northeast Judicial District, Rolette County
Michael Patrick Hurly
2019 ND 214932 N.W.2d 529

Highlight

Applicant alleging ineffective assistance of post-conviction counsel cannot circumvent the Uniform Postconviction Procedure Act’s bar on challenging post-conviction counsel’s representation by making his allegations in a motion rather than an application for post-conviction relief.

A N.D.R.Civ.P. 60(b)(3) motion alleging fraud by prior post-conviction counsel is without merit because an attorney representing a party is not adverse to the party.

Applicant for post-conviction relief is entitled to notice that his application may be summarily dismissed.

Briefs

Filing Date Description
02/20/2019 APPELLANT BRIEF View
03/21/2019 APPELLEE BRIEF View
04/05/2019 REPLY BRIEF View

Counsel

Party Type Name
APPELLEE STATE'S ATTORNEY Brian David Grosinger - 04500
APPELLEE STATE'S ATTORNEY Ryan James Thompson - 06621
APPELLANT PRO SE Lorry Van Chase

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

Seq. # Filing Date Description Attachment
1 01/17/2019 NOTICE OF APPEAL : 01/17/2019
2 01/22/2019 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
3 01/22/2019 Notice serverd on Lorry V, Chase and Ryan J. Thompson
4 01/23/2019 ELEC. RECORD ON APPEAL DATED JANUARY 22, 2019 (ENTRY NOS. 1-75, 79-132)(NOT SENT: 76 & 77)
5 01/23/2019 ELEC. RECORD ON APPEAL DATED JANUARY 22, 2019 (ENTRY NOS. 1-149, 151-172)
6 02/06/2019 ORDER FOR TRANSCRIPT : 02/11/2019
7 02/11/2019 ELEC. SUPP. RECORD ON APPEAL DATED FEBRUARY 11, 2019 (ENTRY NOS. #133 AND #134 )
8 02/13/2019 ELECTRONIC TRANSCRIPT DATED NOVEMBER 16, 2017
9 02/13/2019 TRANSCRIPT REDACTION KEY (confidential)
10 02/13/2019 Transcript C.O.S.
11 02/13/2019 2ND ELEC. SUPP. RECORD ON APPEAL DATED FEBRUARY 12, 2019 (ENTRY NOS. 135-137)
12 02/14/2019 3RD ELEC. SUPP. RECORD ON APPEAL DATED FEBRUARY 13, 2019 (ENTRY NOS.138-139)
13 02/20/2019 APPELLANT BRIEF View
14 02/20/2019 APPELLANT APPENDIX
15 03/21/2019 APPELLEE BRIEF View
16 03/21/2019 APPELLEE APPENDIX
17 03/25/2019 Rec'd 6 copies of AEB and AEA from Central Duplicating
18 03/27/2019 REQUEST TO WAIVE ORAL ARGUMENT ON BEHALF OF APPELLEE
19 04/01/2019 Rec'd $25 surcharge for AEB (receipt #26977)
20 04/05/2019 REPLY BRIEF View
21 04/05/2019 Paper Filed Document
22 04/09/2019 No Appearance by Appellant to Oral Argument - Inmate/NDSP policy will not transport
23 04/09/2019 ACTION BY SUPREME COURT (request to waive oral argument on behalf of Appellee) - Granted
24 05/23/2019 APPEARANCES: Waived under N.D.R.App.P. 34(e) and (f)
25 05/23/2019 ARGUED: Waived under N.D.R.App.P. 34(e) and (f)
26 08/22/2019 DISPOSITION (Affirmed in Part, Reversed in Part and Remanded)
27 08/22/2019 UNANIMOUS OPINION : McEvers, Lisa K. Fair View
28 08/26/2019 Judgment Sent to Parties
29 08/28/2019 4th ELEC. SUPP. RECORD ON APPEAL DATED August 27, 2019 (ENTRY NOS. 140 - 142)
30 09/05/2019 5TH ELEC. SUPP. RECORD ON APPEAL DATED SEPTEMBER 4, 2019 (ENTRY NOS. 143-145)
31 09/13/2019 MANDATE