Chisholm v. State
Docket No. 20190234
Oral Argument:
Waived
Docket Info
- Title
- Rodney Ray Chisholm, Plaintiff and Appellant
v.
State of North Dakota, Defendant and Appellee - Case Type
- CIVIL APPEAL : POST-CONVICTION RELIEF
- Appeal From
-
Case No. 2018-CV-00309
Northeast Central Judicial District, Grand Forks County
Donald Hager
2020 ND 19937 N.W.2d 520
Highlight
District courts are required to dismiss an applicant’s claims of ineffective assistance of postconviction relief counsel in a Uniform Postconviction Procedure Act proceeding.
Res judicata prevents relitigation of claims that were raised, or could have been raised, in prior actions between the same parties.
Appellant’s motions for recusal, to compel discovery, and to correct the record are summarily affirmed under N.D.R.App.P. 35.1(a)(4).
Counsel
| Party | Type | Name |
|---|---|---|
| APPELLEE | ASST. STATE'S ATTORNEY | Rachel Rae Egstad - 07830 |
| APPELLANT | PRO SE | Rodney Ray Chisholm |
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
| Seq. # | Filing Date | Description | Attachment |
|---|---|---|---|
| 1 | 08/02/2019 | NOTICE OF APPEAL : 08/02/2019 | |
| 2 | 08/05/2019 | NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV. | |
| 3 | 08/05/2019 | Notice served on Rodney R. Chisholm and Haley L.Wamstad | |
| 4 | 08/30/2019 | MOTION FOR Enlargement of Word Count w/ Affidavit | |
| 5 | 08/30/2019 | ACTION BY CHIEF JUSTICE (granted in part - additional 1,500 words granted) - Granted | |
| 6 | 08/30/2019 | MOT. EXT/TIME APPELLANT BRIEF | |
| 7 | 08/30/2019 | ACTION BY CLERK - Granted : 10/11/2019 | |
| 8 | 09/03/2019 | ELEC. RECORD ON APPEAL DATED AUGUST 30, 2019 (ENTRY NOS. 1-84, 103-187) | |
| 9 | 09/03/2019 | ELEC. RECORD ON APPEAL DATED AUGUST 30, 2019 (ENTRY NOS. 1-6, 8-19, 21-30, 32-38, 40-41, 43-47, | |
| 10 | 09/03/2019 | 50-61, 63-66, 85-86, 89-90, 115-117, 119-123, 129-130, 143-266)(NOT SENT: 7, 20, 31, 42, 67-84, | |
| 11 | 09/03/2019 | 87-88, 91-, 93-114, 118, 120, 122, 124, 128, 131-142)(UNDERLYING CRIMINAL) | |
| 12 | 09/20/2019 | AMENDED ELEC. RECORD ON APPEAL DATED SEPTEMBER 19, 2019 (ENTRY NOS. 1-17, 19-188) | |
| 13 | 09/20/2019 | AMENDED ELEC. RECORD ON APPEAL DATED SEPTEMBER 19, 2019 (ENTRY NOS. 1-267)(NOT SENT: 7, 20, 31, | |
| 14 | 09/20/2019 | 39, 42-67, 84, 87-88, 91-93, 114, 118, 120, 122, 124-128, 131-142)(UNDERLYING CRIMINAL) | |
| 15 | 09/30/2019 | 2ND AMENDED ELEC. RECORD ON APPEAL DATED SEPTEMBER 27, 2019 (ENTRY NOS. 1-268)(NOT SENT: 7, 20, 31, | |
| 16 | 09/30/2019 | 39, 42, 67-84, 87, 88, 91, 93-114, 118, 120, 122, 124-128)(UNDERLYING CRIMINAL) | |
| 17 | 10/15/2019 | APPELLANT BRIEF | View |
| 18 | 10/15/2019 | Paper Filed Document | |
| 19 | 10/15/2019 | APPELLANT APPENDIX | |
| 20 | 10/15/2019 | Paper Filed Document | |
| 21 | 11/15/2019 | APPELLEE BRIEF | View |
| 22 | 11/21/2019 | Inmate not transported per policy of facility; therefore, no appearance/argument by Appellant | |
| 23 | 11/21/2019 | ORAL ARGUMENT WAIVED: AT is inmate, not transported & No req. for OA & No Request for OA by AE | |
| 24 | 11/22/2019 | Rec'd 6 copies of AEB from Central Duplicating | |
| 25 | 12/02/2019 | MOT. EXT/TIME REPLY BRIEF | |
| 26 | 12/02/2019 | ACTION BY CHIEF JUSTICE - Granted : 12/31/2019 | |
| 27 | 12/11/2019 | MOTION FOR Enlargement of Word Count w/ Affidavit (reply brief) | |
| 28 | 12/12/2019 | ACTION BY CHIEF JUSTICE (granted in part - an addt'l 250 words granted) - Granted | |
| 29 | 12/12/2019 | ELEC. SUPP. RECORD ON APPEAL DATED 12/11/19 (ENTRY NOS.191-192 ) | |
| 30 | 12/16/2019 | 3rd ELEC. SUPP. RECORD ON APPEAL DATED DECEMBER 13, 2019 (ENTRY NOS. #193 AND #194) | |
| 31 | 01/03/2020 | REPLY BRIEF | View |
| 32 | 01/03/2020 | Paper Filed Document (RYB rec'd by U.S. Mail) | |
| 33 | 01/03/2020 | RYB Appendix | |
| 34 | 01/03/2020 | Paper Filed Document (RYB Appendix rec'd by U.S. Mail) | |
| 35 | 01/06/2020 | ARGUED: Appellant waived under N.D.R.App.P. 34(e); Appellee under 34(a)(1)(c) | |
| 36 | 01/06/2020 | APPEARANCES: Appellant waived under N.D.R.App.P. 34(e); Appellee under 34(a)(1)(c) | |
| 37 | 01/23/2020 | DISPOSITION | |
| 38 | 01/23/2020 | UNANIMOUS OPINION : Tufte, Jerod E. | View |
| 39 | 01/24/2020 | Judgment Sent to Parties | |
| 40 | 02/04/2020 | Mot. Ext/Time Petition for Rehearing | |
| 41 | 02/04/2020 | ACTION BY CHIEF JUSTICE - Granted : 03/09/2020 | |
| 42 | 02/08/2020 | MOTION FOR ADDITIONAL PAGES (PER, CONTAINED IN MOT EXT/TIME PER) | |
| 43 | 02/08/2020 | ACTION BY CHIEF JUSTICE (2 PAGES) - Granted | |
| 44 | 03/10/2020 | 2nd Mot. Ext/Time Petition for Rehearing | |
| 45 | 03/10/2020 | ACTION BY CHIEF JUSTICE - Granted : 03/23/2020 | |
| 46 | 03/20/2020 | 3rd Mot. Ext/Time Petition for Rehearing | |
| 47 | 03/26/2020 | ACTION BY CHIEF JUSTICE - Granted : 04/22/2020 | |
| 48 | 04/20/2020 | 4th Mot. Ext/Time Petition for Rehearing | |
| 49 | 04/23/2020 | ACTION BY CHIEF JUSTICE - Granted : 05/25/2020 | |
| 50 | 05/22/2020 | 5th Mot. Ext/Time Petition for Rehearing | |
| 51 | 05/26/2020 | ACTION BY CHIEF JUSTICE - Granted : 06/24/2020 | |
| 52 | 06/24/2020 | Mot. Ext/Time Petition for Rehearing | |
| 53 | 07/01/2020 | ACTION BY SUPREME COURT (must be received in our office or mandate will issue) - Granted : 07/13/2020 | |
| 54 | 07/14/2020 | MANDATE |