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Burden v. State

Docket No. 20200143
Oral Argument: Tuesday, October 27, 2020 2:45 PM

Docket Info

Title
James Ryan Burden, Petitioner and Appellant
v.
State of North Dakota, Respondent and Appellee
Case Type
CIVIL APPEAL : POST-CONVICTION RELIEF
Appeal From
Case No. 2017-CV-02782
Northeast Central Judicial District, Grand Forks County
Lolita G. Hartl Romanick
Oral Argument 10/27/2020

Parties' Statement of Issues

  • Appellant

    Whether or not Trial Counsel's legal advice to Mr. Burden to waive his preliminary hearing and his convincing and allowing Mr. Burden to waive his right to a preliminary hearing fell below the standard of reasonableness that is expected and constitutionally insured?

  • Appellee 1

    The District Court did not err by denying Appellant’s Petition for Post-Conviction Relief.


Summary

James Ryan Burden appeals from an order denying his application for post-conviction relief. Burden was charged with luring minors by computer or other electronic means. Pursuant to a plea agreement, Burden pleaded guilty to an amended charge for contributing to the deprivation or delinquency of a minor.

On appeal, Burden argues the district court erred in finding he did not receive ineffective assistance of counsel. Specifically, Burden argues his trial counsel’s advice to waive his preliminary hearing was ineffective because the charge might have been dismissed at the hearing.


Briefs

Filing Date Description
07/01/2020 APPELLANT BRIEF View
07/31/2020 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLANT COURT APPOINTED Benjamin C Pulkrabek - 02908
APPELLEE ASST. STATE'S ATTORNEY Thomas Andrew Gehrz - 06806

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

Seq. # Filing Date Description Attachment
1 05/13/2020 NOTICE OF APPEAL : 05/13/2020
2 05/13/2020 ORDER FOR TRANSCRIPT : 05/13/2020
3 05/13/2020 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
4 05/13/2020 Notice Served on Charles J. Sheeley/Thomas A. Gehrz
5 05/13/2020 ANNOUNCED DISQUALIFICATION : Jensen, Jon J.
6 05/14/2020 AMENDED ORDER FOR TRANSCRIPT
7 05/18/2020 Notice of reassignment of counsel ( Ben Pulkrabek assigned)
8 06/10/2020 ELEC. RECORD ON APPEAL DATED JUNE 9, 2020 (ENTRY NOS. 1-110)
9 06/15/2020 ELECTRONIC TRANSCRIPT DATED OCTOBER 14, 2019
10 07/01/2020 APPELLANT BRIEF View
11 07/01/2020 Oral Argument Request by Appellant
12 07/01/2020 APPELLANT APPENDIX
13 07/02/2020 Rec'd non-substantive corrections to ATB and ATA
14 07/06/2020 Rec'd $9.50 for 19 pages over 100 in Appendic (receipt #27771)
15 07/07/2020 Rec'd 5 copies of ATB and 4 copies of ATA back from CSD
16 07/31/2020 APPELLEE BRIEF View
17 08/06/2020 Rec'd 5 copies of AEB back from CSD
18 09/22/2020 NOTICE OF ORAL ARGUMENT SENT
19 09/23/2020 SITTING WITH THE COURT : Greenwood, Dann Edward
20 10/27/2020 APPEARANCES: Benjamin C. Pulkrabeck; Thomas A. Gehrz
21 10/27/2020 ARGUED: Benjamin C. Pulkrabeck; Thomas A. Gehrz
22 10/27/2020 ORAL ARGUMENT WEBCAST