Caster v. State

Docket No. 20190043
Oral Argument: Tuesday, May 28, 2019 10:45 AM

Docket Info

Title
Lekemia D'Andre Caster, Petitioner and Appellant
v.
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

  • Appellant

    Whether the district court erred by summarily denying the post-conviction relief without addressing the petitioner's claims and allegations?

  • Appellee 1

    Whether the district court erred in granting the State's Motion for Summary Disposition.


Summary

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.


Briefs

Filing Date Description
03/25/2019 APPELLANT BRIEF View
04/23/2019 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLANT COURT APPOINTED Samuel A. Gereszek - 07040
APPELLEE ASST. STATE'S ATTORNEY Tessa Marie Vaagen - 07828

(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)
8 03/25/2019 APPELLANT BRIEF View
9 03/25/2019 E-FILED BRIEF (PDF)
10 03/25/2019 APPELLANT APPENDIX
11 03/25/2019 E-FILED APPENDIX
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
17 04/23/2019 APPELLEE BRIEF View
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