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Edwardson v. State

Docket No. 20190182
Oral Argument: Monday, December 2, 2019 1:30 PM

Docket Info

Title
Donald Robert Edwardson, Petitioner and Appellant
v.
State of North Dakota, Respondent and Appellee
Case Type
CIVIL APPEAL : POST-CONVICTION RELIEF
Appeal From
Case No. 2018-CV-03036
East Central Judicial District, Cass County
Thomas R. Olson

Parties' Statement of Issues

  • Appellant

    I. Whether the district court erred by denying Mr. Edwardson’s petition for post-conviction relief.

  • Appellee 1

    Whether the District Court erred in denying Defendant’s post-conviction application relief.


Summary

Edwardson appeals from the district court’s order denying his application for post-conviction relief.

The State filed a complaint charging Edwardson with failing to register as a sexual offender, in violation of N.D.C.C. § 12.1-32-15. After a preliminary hearing, Edwardson changed his plea to guilty. The court sentenced Edwardson to one year and one day of incarceration, suspending all but ninety days, one year of supervised probation, and registration as a sexual offender. Edwardson requested to withdraw his guilty plea because an email showed that the State unlawfully charged him of the crime. The district court denied Edwardson’s petition to withdraw his guilty plea.

On appeal, Edwardson argues that the district court erred in denying his petition for post-conviction relief for the following reasons: his trial attorney failed to properly represent him; new evidence shows the State unlawfully charged him with failing to register; and the district court failed to follow Rule 11.


Briefs

Filing Date Description
09/16/2019 APPELLANT BRIEF View
10/16/2019 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLANT COURT APPOINTED Kiara Costa Kraus-Parr - 06688
APPELLEE ASST. STATE'S ATTORNEY Leah Jo Viste - 05692

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

Seq. # Filing Date Description Attachment
1 06/12/2019 NOTICE OF APPEAL : 06/12/2019
2 06/12/2019 ORDER FOR TRANSCRIPT : 06/14/2019
3 06/13/2019 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
4 06/13/2019 Notice served on Kiara C. Kraus-Parr and Birch Burdick
5 06/25/2019 Judgment entered in district court
6 07/09/2019 ELEC. RECORD ON APPEAL DATED JULY 8, 2019 (ENTRY NOS. 1-51)
7 07/09/2019 ELEC. RECORD ON APPEAL DATED JULY 8, 2019 (ENTRY NOS. 1-37)(underlying criminal)
8 08/06/2019 ELECTRONIC TRANSCRIPT DATED MAY 15, 2019
9 08/06/2019 CERTIFICATE OF SERVICE FOR TRANSCRIPT
10 09/16/2019 APPELLANT BRIEF View
11 09/16/2019 APPELLANT APPENDIX
12 09/16/2019 Oral Argument Request by Appellant
13 09/24/2019 Rec'd 6 copies of ATB/ATA from Central Duplicating
14 10/10/2019 ELECTRONIC TRANSCRIPT DATED APRIL 24, 2017
15 10/10/2019 Certificate of Service for Transcript
16 10/10/2019 Rec'd amended certificate of service for transcript
17 10/16/2019 APPELLEE BRIEF View
18 10/21/2019 Rec'd 6 copies of AEB from Central Duplicating
19 11/18/2019 NOTICE OF ORAL ARGUMENT SENT
20 12/02/2019 APPEARANCES: Kiara C. Kraus-Parr; Leah J. Viste
21 12/02/2019 ARGUED: Kiara C. Kraus-Parr; Leah J. Viste
22 12/02/2019 ORAL ARGUMENT WEBCAST