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Atkins v. State

Docket No. 20200172
Oral Argument: Tuesday, January 19, 2021 1:30 PM

Docket Info

Title
Cody Michael Atkins, Petitioner and Appellant
v.
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

  • Appellant

    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?

  • Appellee 1

    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?


Summary

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.


Briefs

Filing Date Description
10/13/2020 APPELLANT BRIEF View
12/14/2020 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLANT COURT APPOINTED Monty Grant Mertz - 03778
APPELLEE ASST. STATE'S ATTORNEY Meredith Huseby Larson - 06206

(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
13 10/13/2020 APPELLANT BRIEF View
14 10/13/2020 APPELLANT APPENDIX
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
22 12/14/2020 APPELLEE BRIEF View
23 12/14/2020 APPELLEE APPENDIX
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)