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

Parties' Statement of Issues

  • Appellant

    I. Did the Court err by considering Petitioner's Rule 60(b) motion to be a Post-Conviction Application in order to deny it without the hearing that was requested and required under the North Dakota Rules of Court?
    II. Did the District Court err by finding that Petitioner's 60(b) Motion was barred on the grounds of Res Judicata and Misuse of Process?
    III. Did the District Court err by finding that no corroborating evidence was presented to support Petitioner's claim that at his attorney directed him to lie?
    IV. Did the Court err by finding that Petitioner is bound by the unethical actions of his former counsel?
    V. Did the Court err by denying Petitioner's motion under rule 60(b) without appointing counsel as requested?

  • Appellee 1

    1 The District Court did not err in denying Mr. Chase’s Motion under Rule 60(b).
    2. The District Court did not err in its analysis of the contents of the motion filed by Mr. Chase and determining that the issues were barred by Res Judicata and misuse of process. 3. The District Court did not err in finding that Mr. Chase failed provide sufficient admissible evidence to support the allegations in his motion that he was directed by counsel to lie.
    4. The District court did not err in acknowledging that a defendant is bound by the prior proceedings and actions as conducted with previous counsel.
    5. The District Court did not commit reversible err in denying Court appointed counsel.


Summary

Lorry Van Chase appeals from a district court order denying his N.D.R.Civ.P. 60(b) motion.

In 2014, a jury convicted Chase of gross sexual imposition. He appealed to the North Dakota Supreme Court and the conviction was affirmed. In September 2016, Chase filed an application for post-conviction relief, alleging ineffective assistance of trial counsel. After an evidentiary hearing, the district court denied Chase’s application, making findings on each specific allegation of ineffective assistance of counsel. Chase appealed to the North Dakota Supreme Court and the order was summarily affirmed due to his failure to supply a transcript of the evidentiary hearing.

In November 2018, Chase filed a N.D.R.Civ.P. 60(b) motion for relief from judgment, alleging: (1) ineffective assistance of post-conviction counsel; (2) post-conviction counsel coached Chase to lie at the evidentiary hearing; (3) post-conviction counsel violated ethics rules; (4) post-conviction counsel violated the rules of appellate procedure; and (5) post-conviction counsel attempted to cover up his errors by advising Chase not to file a federal habeas corpus petition and attempting to convince Chase to lie in a Rule 35 motion. In December 2018, Chase’s post-conviction counsel moved to withdraw as counsel. In January 2019, the district court denied relief under N.D.R.Civ.P. 60(b), finding the motion was actually an application for post-conviction relief and was barred by res judicata and misuse of process.

On appeal, Chase argues the district court erred by (1) considering his Rule 60(b) motion an application for post-conviction relief in order to deny it without a hearing; (2) denying his motion on grounds of misuse of process and res judicata; (3) finding no corroborating evidence was presented to support Chase’s claim his attorney directed him to lie; (4) finding Chase is bound by the unethical actions of his former counsel; and (5) denying his motion without appointing counsel as requested.


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 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)