Atkins v. State
- Cody Michael Atkins, Petitioner and Appellant
State of North Dakota, Respondent and Appellee
- Case Type
- CIVIL APPEAL : POST-CONVICTION RELIEF
- Appeal From
Case No. 2018-CV-02604
Northeast Central Judicial District, Grand Forks County
John A. Thelen
Parties' Statement of Issues
Whether the district court erred by concluding that Atkins has either raised the same claims in prior post-conviction proceedings, or that he failed to show good cause or excusable neglect for not having previously raised issues that would be newly discovered evidence in this post-conviction relief effort?
Whether the district court erred by dismissing Atkins’ motion to reconsider, specifically Atkins’ claim that the law should be extended to recognize the right to effective assistance of post-conviction counsel, when that right to counsel has been granted as a substantial statutory right?
I. Whether the district court erred when denying Atkins’ Application for Post-Conviction Relief?
II. Whether the district court erred when dismissing Atkins’ Motion to Reconsider?
Cody Atkins appeals after the denial of his application for post-conviction relief.
Atkins pleaded guilty to gross sexual imposition in 2015. He was sentenced to 20 years imprisonment and ten years of probation. In 2016, Atkins filed two applications for post-conviction relief that were denied. In November 2018, Atkins applied for post-conviction relief, alleging his confession was involuntary or coerced, the witnesses against him were not credible, the State used false evidence, and the district court judge was biased against him. In response, the State argued Atkins had already raised the issues in earlier proceedings or inexcusably failed to raise them in earlier proceedings. After a remand from this Court and a district court hearing, Atkins’s application was denied. The court concluded Atkins raised the same claims in earlier proceedings or failed to show good cause for not raising the claims in earlier proceedings. The court also denied Atkins’s motion to reconsider.
On appeal, Atkins argues the district court erred by concluding he either raised the same claims in earlier proceedings or failed to show good cause for not raising the claims in earlier proceedings.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
|Seq. #||Filing Date||Description||Attachment|
|1||07/02/2020||NOTICE OF APPEAL : 07/02/2020|
|2||07/02/2020||ORDER FOR TRANSCRIPT : 07/06/2020|
|3||07/02/2020||NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.|
|4||07/02/2020||Notice served on Monty G. Mertz and Meredith H. Larson|
|5||07/06/2020||ANNOUNCED DISQUALIFICATION : Jensen, Jon J.|
|6||07/29/2020||ELEC. RECORD ON APPEAL DATED JULY 28, 2020 (ENTRY NOS. 1-177)|
|7||07/29/2020||ELEC. RECORD ON APPEAL DATED JULY 28, 2020 (ENTRY NOS. 1-3, 5-81, 83-179, 181-206)|
|8||07/29/2020||(NOT SENT: 180)(UNDERLYING CRIMINAL)|
|9||09/03/2020||ELECTRONIC TRANSCRIPT DATED NOVEMBER 8, 2019|
|10||09/03/2020||ELECTRONIC TRANSCRIPT DATED FEBRUARY 21, 2020|
|11||09/03/2020||ELECTRONIC TRANSCRIPT DATED JUNE 5, 2020|
|12||09/03/2020||CERTIFICATE OF SERVICE FOR TRANSCRIPTS|
|15||10/13/2020||Oral Argument Request by Appellant|
|16||10/15/2020||Rec'd 5 copies of ATB & 4 copies of ATA from CSD|
|17||11/04/2020||Received non-compliant Supplemental Statement of Indigent Defendant|
|18||11/06/2020||MOT. EXT/TIME APPELLEE BRIEF|
|19||11/06/2020||ACTION BY CLERK - Granted : 12/14/2020|
|20||11/10/2020||Supplemental Statement by Indigent Defendant||View|
|21||11/10/2020||Rec'd 5 copies of Supp Statement|
|24||12/17/2020||Rec'd 5 copies of AEB & 4 copies of AEA from CSD|
|25||12/21/2020||NOTICE OF ORAL ARGUMENT SENT|
|26||12/22/2020||SITTING WITH THE COURT : El-Dweek, Daniel Saleh|
|27||01/12/2021||Rec'd $7 e-filing surcharge for AEA (receipt #27899)|