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Pinkney v. State

Docket No. 20200249
Oral Argument: Thursday, April 8, 2021 1:30 PM

Docket Info

Title
Thomas Michael Pinkney, Petitioner and Appellant
v.
State of North Dakota, Respondent and Appellee
Case Type
CIVIL APPEAL : POST-CONVICTION RELIEF
Appeal From
Case No. 2020-CV-00926
Northeast Central Judicial District, Grand Forks County
Lolita G. Hartl Romanick
Oral Argument 4/8/2021

Parties' Statement of Issues

  • Appellant

    I. Whether the District Court Erred in Denying Pinkney’s Motion for Continuance.
    II. Whether the District Court Erred in Granting the State’s Motion for Summary Dismiss.


Summary

Thomas Pinkney appeals from an order granting the State’s motion for summary dismissal of his application for post-conviction relief.

In 2015, Pinkney pleaded guilty to gross sexual imposition and was sentenced. In April 2020, Pinkney filed a third application for post-conviction relief, alleging newly discovered evidence, actual innocence, and incompetence to plead guilty as grounds for relief. The State answered, opposing his application, and moved for summary dismissal. In June 2020, Pinkney filed his response to the State’s motion. In July 2020, he moved for a continuance of the hearing on his application. The district court subsequently entered orders denying his motion for continuance and granting the State’s motion for summary dismissal.

On appeal, Pinkney argues that the district court erred in denying his motion for continuance and erred in granting the State’s motion for summary dismissal.


Briefs

Filing Date Description
01/21/2021 APPELLANT BRIEF View
02/19/2021 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLANT COURT APPOINTED Eric Paul Baumann - 05690
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 09/16/2020 NOTICE OF APPEAL : 09/16/2020
2 09/16/2020 ORDER FOR TRANSCRIPT : 09/18/2020
3 09/17/2020 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
4 09/17/2020 Notice served on Eric P. Baumann & Meredith H. Larson
5 09/21/2020 ELECTRONIC TRANSCRIPT DATED APRIL 2, 2015
6 09/21/2020 TRANSCRIPT C.O.S.
7 09/21/2020 ELECTRONIC TRANSCRIPT DATED JULY 13, 2015
8 09/21/2020 ELECTRONIC TRANSCRIPT DATED JULY 13, 2015 REDACTION KEY
9 09/21/2020 TRANSCRIPT C.O.S.
10 09/21/2020 Rec'd non-substantive corrections to transcript dated 7/13/15 and Key (redaction)
11 09/30/2020 ELECTRONIC TRANSCRIPT DATED NOVEMBER 7, 2014
12 09/30/2020 ELECTRONIC TRANSCRIPT DATED NOVEMBER 7, 2014 REDACTION KEY
13 09/30/2020 TRANSCRIPT C.O.S.
14 09/30/2020 Rec'd non-substantive corrections to transcript dated 11/7/14 and Key (redaction)
15 10/02/2020 ELECTRONIC TRANSCRIPT DATED SEPTEMBER 12, 2014
16 10/02/2020 ELECTRONIC TRANSCRIPT DATED NOVEMBER 10, 2014
17 10/02/2020 TRANSCRIPT C.O.S.
18 10/12/2020 MOT. EXT/TIME APPELLANT BRIEF
19 10/13/2020 ACTION BY CHIEF JUSTICE - Granted : 01/11/2021
20 10/14/2020 ELEC. RECORD ON APPEAL DATED OCTOBER 13, 2020 (ENTRY NOS. 1-36)
21 10/14/2020 ELEC. RECORD ON APPEAL DATED OCTOBER 13, 2020 (ENTRY NOS.1-5, 7-23 & 25-117) (Criminal Underlying)
22 01/04/2021 MOT. EXT/TIME APPELLANT BRIEF - RspDue
23 01/05/2021 Response Filed to Motion ext/time appellant's brief
24 01/07/2021 ACTION BY CHIEF JUSTICE - Granted : 01/25/2021
25 01/21/2021 APPELLANT BRIEF View
26 01/21/2021 Oral Argument Request by Appellant
27 01/21/2021 APPELLANT APPENDIX
28 01/27/2021 Rec'd 5 copies of ATB from CD
29 01/27/2021 Rec'd 4 copies of ATA from CD
30 02/19/2021 APPELLEE BRIEF View
31 02/19/2021 Non-Compliant Appellee Appendix recevied
32 02/22/2021 ANNOUNCED DISQUALIFICATION : Jensen, Jon J.
33 03/04/2021 Received non-substantive corrections to AEB (remove reference to AEA)
34 03/05/2021 Rec'd 5 copies of AEB from CSD
35 03/23/2021 NOTICE OF ORAL ARGUMENT SENT
36 03/25/2021 SITTING WITH THE COURT : Ehlis, Rhonda Rae
37 04/08/2021 APPEARANCES: Eric P. Baumann; Appellee waived under N.D.R.App.P. 34(a)(1)(c)
38 04/08/2021 ARGUED: Eric P. Baumann; Appellee waived under N.D.R.App.P. 34(a)(1)(c)
39 04/08/2021 ORAL ARGUMENT WEBCAST