Saucedo v. State
- Joe Ramon Saucedo, Petitioner and Appellant
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
Parties' Statement of Issues
Whether the Trial Court erred in denying the petitioner’s application for post conviction relief.
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.
(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|
|14||01/06/2021||Rec'd 5 copies of ATB and 4 copies of ATA back from CD|
|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)|