Carlson v. State

Docket No. 20190057
Oral Argument: Thursday, September 19, 2019 2:45 PM

Docket Info

Title
Brandon Wesley Carlson, Petitioner and Appellant
v.
State of North Dakota, Respondent and Appellee
Case Type
CIVIL APPEAL : POST-CONVICTION RELIEF
Appeal From
Case No. 2017-CV-02489
Northeast Central Judicial District, Grand Forks County
Donald Hager

Parties' Statement of Issues

  • Appellant

    I.Whether Mr. Carlson’s motion for new trail and post-convictionrelief are barred by res judicata.
    II.Whether Mr. Carlson’s attorney in the underlyingcriminal matter was ineffective.

  • Appellee 1

    1. Whether Appellant, Brandon Carlson, is entitled to an amended, altered, or relieved judgment from the district court’s order denying Post-Conviction Relief.
    2. Whether Appellant, Brandon Carlson, is entitled to Post-Conviction Relief for Ineffective Assistance of Counsel under Strickland v. Washington, 466 U.S. 668 (1984).


Summary

Brandon Wesley Carlson appeals from an order denying post-conviction relief.

In 2015, a jury convicted Carlson of two counts of GSI. In September 2017, Carlson filed a petition for post-conviction relief. In August 2018, Carlson’s request for post-conviction relief was denied. In October 2018, Carlson made a motion under N.D.R.Civ.P. 59, which the district court denied and dismissed in December 2018.

On appeal Carlson argues the district court erred by dismissing his N.D.R.Civ.P. 59 motion on the basis of res judicata. Carlson also argues the district court erred by denying his application for post–conviction relief.


Briefs

Filing Date Description
05/22/2019 APPELLANT BRIEF View
06/21/2019 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLANT COURT APPOINTED Kiara Costa Kraus-Parr - 06688
APPELLEE ASST. STATE'S ATTORNEY Andrew C. Eyre - 07121

(Note: Attachments may not be available for recently filed cases and/or confidential documents.)

Seq. # Filing Date Description Attachment
1 02/19/2019 NOTICE OF APPEAL : 02/19/2019
2 02/19/2019 ORDER FOR TRANSCRIPT : 02/20/2019
3 02/20/2019 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
4 02/20/2019 Notice served on Ulysses S. Jones and Andrew C. Eyre
5 02/26/2019 Acknowledgment of Appeal from Michelle Bredemeier
6 02/28/2019 Rec'd Notice of Assignment of Counsel by Kiara C. Kraus-Parr
7 02/28/2019 Judgment entered in District Court
8 03/18/2019 ELEC. RECORD ON APPEAL DATED MARCH 15, 2019 (ENTRY NOS. 1-74)
9 03/18/2019 ELEC. RECORD ON APPEAL DATED MARCH 15, 2019 (ENTRY NOS. 1-6, 8-23, 25-100, 102-163, 165-187)
10 03/18/2019 (NOT SENT: 7, 164)
11 04/12/2019 ELECTRONIC TRANSCRIPT DATED AUGUST 6, 2018
12 04/12/2019 REDACTION KEY FOR TRANSCRIPT DATED AUGUST 6, 2018
13 04/12/2019 C.O.S. FOR TRANSCRIPT
14 05/22/2019 APPELLANT BRIEF View
15 05/22/2019 APPELLANT APPENDIX
16 05/24/2019 Rec'd 6 copies of ATB/ATA from CSD.
17 05/28/2019 Rec'd $25 surcharge for ATB (Receipt No 27091)
18 06/21/2019 APPELLEE BRIEF View
19 06/21/2019 APPELLEE APPENDIX
20 06/24/2019 Certification Under the Limited Practice Rule for Erica A. Skogen
21 06/24/2019 Rec'd written Consent to Appear for Erica A. Skogen on behalf of Andrew Eyre, Prosecuting Attorney
22 06/25/2019 Rec'd 6 copies of AEB & AEA from Central Duplicating
23 06/26/2019 Rec'd $25 surcharge for AEB (Receipt No 27128)
24 08/02/2019 NOTICE OF ORAL ARGUMENT SENT
25 09/19/2019 APPEARANCES: Kiara C. Kraus; Erica A. Skogen, 3rd Year Law Student; Andrew C. Eyre