Carlson v. State
- Brandon Wesley Carlson, Petitioner and Appellant
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
Parties' Statement of Issues
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.
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).
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.
(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|
|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)|
|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|