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Saucedo v. State

Docket No. 20200265
Oral Argument: Waived

Docket Info

Title
Joe Ramon Saucedo, Petitioner and Appellant
v.
State of North Dakota, Respondent and Appellee
Case Type
CIVIL APPEAL : POST-CONVICTION RELIEF
Appeal From
Case No. 2017-CV-00256
Northeast Central Judicial District, Grand Forks County
Donald Hager

Parties' Statement of Issues

  • Appellant

    Whether the Trial Court erred in denying the petitioner’s application for post conviction relief.


Summary

Joe Saucedo appeals after a district court denied his application for post-conviction relief.

On February 11, 2015, Saucedo entered an open guilty plea to one count of murder, a class AA felony, and one count of conspiracy to commit burglary, a class B felony. On February 3, 2017, Saucedo filed his first application for post-conviction relief alleging his counsel was ineffective. The district court denied his application for post-conviction relief, and the dismissal was summarily affirmed on appeal. Saucedo v. State, 2018 ND 2, 905 N.W.2d 562. On February 19, 2020, Saucedo made a second application for post-conviction relief. On September 30, 2020, the district court denied the second application.

On appeal, Saucedo argues the district court erred when it denied his second application for post-conviction relief. He argues the ineffective assistance of his post-conviction counsel resulted in the failure of his first application for post-conviction relief. Additionally, Saucedo argues his trial attorney provided ineffective assistance by failing to meet with him, failing to formulate a strategy, not communicating, and not attending the presentence investigation interview.


Briefs

Filing Date Description
01/04/2021 APPELLANT BRIEF View
01/25/2021 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLEE ASST. STATE'S ATTORNEY Carmell Faye Mattison - 06052
APPELLANT COURT APPOINTED Laura Claire Ringsak - 08146

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

Seq. # Filing Date Description Attachment
1 10/05/2020 NOTICE OF APPEAL : 10/05/2020
2 10/05/2020 ORDER FOR TRANSCRIPT : 10/06/2020
3 10/05/2020 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
4 10/05/2020 Notice served on Kyle R. Craig and Carmell F. Mattison
5 10/06/2020 Rec'd Assignment of Counsel
6 11/02/2020 ELEC. RECORD ON APPEAL DATED OCTOBER 30, 2020 (ENTRY NOS. 1-103)
7 11/02/2020 ELEC. ROA DATED 10/30/20, 2020(ENTRY NOS. 1-3, 5-53, 55-128)Not sent:#4-Delete #54-Underlying Crim
8 11/03/2020 ELECTRONIC TRANSCRIPT DATED SEPTEMBER 25, 2020
9 11/03/2020 CERTIFICATE OF SERVICE
10 12/07/2020 MOT. EXT/TIME APPELLANT BRIEF
11 12/07/2020 ACTION BY CLERK - Granted : 01/04/2021
12 01/04/2021 APPELLANT BRIEF View
13 01/04/2021 APPELLANT APPENDIX
14 01/06/2021 Rec'd 5 copies of ATB and 4 copies of ATA back from CD
15 01/25/2021 APPELLEE BRIEF View
16 01/25/2021 APPELLEE APPENDIX
17 01/29/2021 Rec'd 5 copies of AEB from CSD
18 01/29/2021 Rec'd 4 copies of AEA from CSD
19 02/10/2021 ORAL ARGUMENT WAIVED - NO REQUESTS FOR ORAL ARGUMENT
20 03/02/2021 APPEARANCES: Wavied under N.D.R.App.P. 34(a)(1)(c)
21 03/02/2021 ARGUED: Wavied under N.D.R.App.P. 34(a)(1)(c)