Caster v. State
- Lekemia D'Andre Caster, Petitioner and Appellant
State of North Dakota, Respondent and Appellee
- Case Type
- CIVIL APPEAL : POST-CONVICTION RELIEF
- Appeal From
Case No. 2018-CV-02600
South Central Judicial District, Burleigh County
David E. Reich
Parties' Statement of Issues
Whether the district court erred by summarily denying the post-conviction relief without addressing the petitioner's claims and allegations?
Whether the district court erred in granting the State's Motion for Summary Disposition.
Lekemia D’Andre Caster appeals from a district court’s denial of his application for post-conviction relief.
On October 18, 2018, Caster filed an application for post-conviction relief containing general statements of newly discovered evidence and an unlawful sentence. The State filed an answer, a motion for summary disposition, and a proposed order for summary judgment on November 8, 2018. The State’s motion for summary disposition alleged that Caster’s application did not raise an issue of material fact, constituted a misuse of process, and presented claims that were fully and finally determined in a previous proceeding. Caster filed a reply brief on November 26, 2018, addressing the State’s timeliness concerns and raising a new issue under the Sixth Amendment. On January 30, 2019, the district court signed the State’s proposed order granting summary judgment.
On appeal, Caster argues the district court erred by summarily denying his application for post-conviction relief because the court offered no independent findings explaining the basis for its conclusion.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
|Seq. #||Filing Date||Description||Attachment|
|1||02/07/2019||NOTICE OF APPEAL : 02/07/2019|
|2||02/07/2019||NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.|
|3||02/07/2019||Notice served on Kent M. Morrow and Tessa M. Vaagen|
|4||03/19/2019||Samuel Gereszek appointed consel February 20 per motion for extension of time|
|5||03/19/2019||MOT. EXT/TIME APPELLANT BRIEF|
|6||03/19/2019||ACTION BY CLERK - Granted : 03/26/2019|
|7||03/06/2019||ELEC. RECORD ON APPEAL DATED MARCH 5, 2019 (ENTRY NOS. 1-24)|
|9||03/25/2019||E-FILED BRIEF (PDF)|
|12||03/28/2019||Rec'd 6 copies of ATB back from Central Duplicating|
|13||03/28/2019||Rec'd 6 copies of ATA back from Central Duplicating|
|14||03/28/2019||ELEC. RECORD ON APPEAL DATED MARCH 27, 2019 (ENTRY NOS. 1-122)(UNDERLYING CRIMINAL)|
|15||03/29/2019||Rec'd $25 e-filing surcharge for ATB|
|16||04/23/2019||NOTICE OF ORAL ARGUMENT SENT|
|18||04/24/2019||Rec'd 6 copies of AEB from Central Duplicating|
|19||05/09/2019||Rec'd $25 surcharge for AEB (receipt # 27050)|
|20||05/22/2019||REQUEST TO WAIVE ORAL ARGUMENT ON BEHALF OF APPELLANT|
|21||05/23/2019||ACTION BY SUPREME COURT - Denied|