Whetsel v. State
- Byron Whetsel, Petitioner and Appellant
The State of North Dakota, Respondent and Appellee
- Case Type
- CIVIL APPEAL : POST-CONVICTION RELIEF
- Appeal From
Case No. 2017-CV-00096
Southeast Judicial District, Ransom County
Jay A. Schmitz
Parties' Statement of Issues
I. The District Court Erred in Their Denial of The Appellant’s Petition for Conviction Relief.
II. The District Court Erred in Their Finding That Defense Counsel’s Representation Failed the Second Prong of Prejudice That the Outcome of the Trial Would Be Different.
. III. The District Court Erred in Their Finding That Defense Counsel Representation Did Not Fall Below an Objective Standard of Reasonableness and Failed the First Prong.
IV. The District Court Erred in Their Denial of Petition by Failing to Consider the Totality Of Defense Counsel Errors Throughout His Entire Representation Of The Petitioner.
Byron Whetsel appeals from a district court judgment denying his application for post-conviction relief.
A jury found Whetsel guilty of murder and two counts of child neglect or abuse related to the death of his infant son. Whetsel applied for post-conviction relief, alleging his trial counsel was ineffective. The district court denied his application. He now appeals.
On appeal, Whetsel argues the district court erred in concluding that his trial counsel was not ineffective.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
|Seq. #||Filing Date||Description||Attachment|
|1||01/30/2019||NOTICE OF APPEAL : 01/30/2019|
|2||01/30/2019||ORDER FOR TRANSCRIPT : 01/31/2019|
|3||01/31/2019||NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.|
|4||01/31/2019||Notice served on Darla J. Schuman and Fallon M. Kelly|
|5||02/26/2019||ELEC. RECORD ON APPEAL DATED FEBRUARY 25, 2019 (ENTRY NOS. 1-56, 58-72)(NOT SENT: 57)|
|6||02/26/2019||ELEC. RECORD ON APPEAL DATED FEBRUARY 25, 2019 (ENTRY NOS. 1-22, 24-49, 53-57, 60-65, 67-128)|
|7||02/26/2019||(NOT SENT: 50, 51, 52, 58, 59, & 66)(UNDERLYING CRIMINAL)|
|8||03/08/2019||ELEC. SUPP. RECORD ON APPEAL DATED MARCH 7, 2019 (ENTRY NOS. 73)Rec'd by U.S. Mail entry 57 CD)|
|9||03/08/2019||ELEC. SUPP. RECORD ON APPEAL DATED MARCH 7, 2019 (ENTRY NOS. 129)(Rec'd by U.S. Mail entries|
|10||03/08/2019||50, 51, 52, 58, 59, & 66 CDs)(UNDERLYING CRIMINAL)|
|11||03/28/2019||ELECTRONIC TRANSCRIPT DATED AUGUST 27, 2018|
|12||03/28/2019||REDACTION KEY FOR TRANSCRIPT DATED 8/27/18|
|13||03/28/2019||C.O.S. FOR TRANSCRIPT & REDACTION KEY|
|14||05/06/2019||Appellant Brief (received non-compliant over word limit)|
|16||05/14/2019||Rec'd ATA corrections|
|17||05/13/2019||MOT. EXT/TIME APPELLEE BRIEF|
|19||05/15/2019||ACTION BY CLERK - Granted : 07/08/2018|
|20||05/16/2019||Rec'd $25.00 e-filing surcharge for ATB (receipt #27065)|
|21||05/16/2019||Rec'd 6 copies of ATB back from Central Duplicating|
|22||05/16/2019||Rec'd 6 copies of ATA back from Central Duplicating|
|24||07/12/2019||Rec'd 6 copies of AEB from Central Duplicating|
|25||08/02/2019||NOTICE OF ORAL ARGUMENT SENT|
|26||08/14/2019||Rec'd $25 surcharge for AEB (Receipt No 27337)|
|27||09/18/2019||APPEARANCES: Darla J. Schuman; Fallon M. Kelly|
|28||09/18/2019||ARGUED: Darla J. Schuman; Fallon M. Kelly|
|29||09/18/2019||ORAL ARGUMENT WEBCAST|