Whetsel v. State

Docket No. 20190034
Oral Argument: Wednesday, September 18, 2019 1:30 PM

Docket Info

Title
Byron Whetsel, Petitioner and Appellant
v.
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

  • Appellant

    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.


Summary

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.


Briefs

Filing Date Description
05/14/2019 APPELLANT BRIEF View
07/05/2019 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLEE STATE'S ATTORNEY Fallon Matthew Kelly - 05966
APPELLANT COURT APPOINTED Darla Jane Schuman - 06152

(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)
15 05/06/2019 APPELLANT APPENDIX
16 05/14/2019 Rec'd ATA corrections
17 05/13/2019 MOT. EXT/TIME APPELLEE BRIEF
18 05/14/2019 APPELLANT BRIEF View
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
23 07/05/2019 APPELLEE BRIEF View
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