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Kalmio v. State

Docket No. 20200011
Oral Argument: Waived

Docket Info

Title
Omar Mohamed Kalmio, Petitioner and Appellant
v.
State of North Dakota, Respondent and Appellee
Case Type
CIVIL APPEAL : POST-CONVICTION RELIEF
Appeal From
Case No. 2019-CV-00282
North Central Judicial District, Ward County
Douglas L. Mattson

Parties' Statement of Issues


Summary

Omar Kalmio appeals from a district court order summarily dismissing his application for post-conviction relief and an order denying his motion to reconsider.

Kalmio was convicted of four counts of murder in 2013. He filed a first application for post-conviction relief in 2014, which was ultimately denied. He then filed this, his second application for post-conviction relief in 2019. The State moved for summary dismissal, arguing Kalmio’s application was untimely and a misuse of process. The district court granted the State’s motion and dismissed the application. Kalmio then submitted a motion for reconsideration, which the district court denied.

On appeal, Kalmio argues the district court erred in dismissing his application for untimeliness because it did not consider the exception for newly discovered evidence. He also argues the district court erred in dismissing his application for misuse of process because his failure to raise claims in the earlier application should be excused. Finally, he argues the district court abused its discretion in denying his motion to reconsider.

The State argues it was proper for the district court to summarily dismiss Kalmio’s post-conviction relief application as untimely and a misuse of process. The State also argues the district court did not abuse its discretion in denying Kalmio’s motion to reconsider.


Briefs

Filing Date Description
03/19/2020 APPELLANT BRIEF View
04/07/2020 APPELLEE BRIEF View
05/08/2020 REPLY BRIEF (subject to the approval of the Court) View

Counsel

Party Type Name
APPELLEE STATE'S ATTORNEY Rozanna Christine Larson - 05294
APPELLANT PRO SE Omar Mohamed Kalmio

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

Seq. # Filing Date Description Attachment
1 01/13/2020 NOTICE OF APPEAL : 01/13/2020
2 01/14/2020 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
3 01/14/2020 Notice served on Omar M. Kalmio and Rozanna C. Larson
4 02/12/2020 ELEC. RECORD ON APPEAL DATED FEBRUARY 11, 2020 (ENTRY NOS. 1-102)
5 02/12/2020 ELEC. RECORD ON APPEAL DATED FEBRUARY 11, 2020 (ENTRY NOS. 1-185, 187-400, 405, 411, 414, 416,
6 02/12/2020 418-427, 449-563)(NOT SENT: 401-404, 406-410, 412-413, & 417)(UNDERLYING CRIMINAL)
7 02/19/2020 MOT. EXT/TIME APPELLANT BRIEF
8 02/20/2020 ACTION BY CLERK - Granted : 03/24/2020
9 03/03/2020 AMENDED ELEC. RECORD ON APPEAL DATED MARCH 2, 2020 (ENTRY NOS. 1-26, 28-103)
10 03/19/2020 APPELLANT BRIEF View
11 03/19/2020 APPELLANT APPENDIX
12 03/23/2020 Rec'd $25.00 for ATB copies (receipt #27549)
13 03/30/2020 Rec'd 6 copies of ATB and ATA from CSD
14 04/07/2020 APPELLEE BRIEF View
15 04/09/2020 Rec'd 5 copies of AEB from Central Duplicating
16 04/15/2020 No appearance by Appellant for Oral Argument; warden will not transport
17 04/15/2020 ORAL ARGUMENT WAIVED - NO REQUESTS FOR ORAL ARGUMENT
18 04/16/2020 MOT. EXT/TIME REPLY BRIEF
19 04/20/2020 ACTION BY CHIEF JUSTICE - Granted : 05/14/2020
20 04/21/2020 Mail Kalmio SC case summary once completed (delete when satisfied) : 05/04/2020
21 05/08/2020 REPLY BRIEF (subject to the approval of the Court) View
22 05/08/2020 REPLY BRIEF APPENDIX (subject to the approval of the Court)
23 05/12/2020 Rec'd 5 copies of RYB and appendix from CSD