Atkins v. State
Docket Info
- Title
- Cody Michael Atkins, Defendant and Appellant
v.
State of North Dakota, Plaintiff and Appellee - Case Type
- CIVIL APPEAL : POST-CONVICTION RELIEF
- Appeal From
-
Case No. 2020-CV-02006
Northeast Central Judicial District, Grand Forks County
John A. Thelen
Parties' Statement of Issues
-
Appellant
1. Whether the District Court erred in denying Atkins Application for Post-Conviction Relief.
2. Whether the District Court erred by not giving Atkins Notice that his Application is being dismissed -
Appellee 1
Whether the district court erred when denying Atkins’ Application for Post-Conviction Relief?
Summary
Cody Michael Atkins appeals from a summary dismissal of his application for post-conviction relief. Atkins pleaded guilty to gross sexual imposition in 2015 and has since filed numerous post-conviction relief actions related to the same underlying offense. On appeal, Atkins argues the district court erred by overlooking his claim of actual innocence and by failing to give him notice prior to dismissal.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
Seq. # | Filing Date | Description | Attachment |
---|---|---|---|
1 | 10/08/2020 | NOTICE OF APPEAL : 10/08/2020 | |
2 | 10/08/2020 | Paper Filed Document (NOA) | |
3 | 10/09/2020 | NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV. | |
4 | 10/09/2020 | Notice Served on Cody M. Atkins and Meredith H. Larson | |
5 | 10/09/2020 | ANNOUNCED DISQUALIFICATION : Jensen, Jon J. | |
6 | 10/20/2020 | APPELLANT BRIEF | View |
7 | 10/20/2020 | Paper Filed Document (ATB) | |
8 | 10/20/2020 | APPELLANT APPENDIX | |
9 | 10/20/2020 | Paper Filed Document (ATA) | |
10 | 10/23/2020 | Rec'd 5 copies of ATB and 4 copies of ATA back from CD | |
11 | 11/06/2020 | ELEC. RECORD ON APPEAL DATED NOVEMBER 5, 2020 (ENTRY NOS.1-15) | |
12 | 11/16/2020 | APPELLEE BRIEF | View |
13 | 11/18/2020 | Rec'd 5 copies of AEB back from CD | |
14 | 12/01/2020 | ORAL ARGUMENT WAIVED - NO REQUESTS FOR ORAL ARGUMENT | |
15 | 12/07/2020 | REC'D NOTIFICATION OF ASSIGNMENT OF COUNSEL -BEN PULKRABEK | |
16 | 12/09/2020 | ELEC. SUPP. RECORD ON APPEAL DATED DECEMBER 8, 2020 (ENTRY NOS. 16-19 ) | |
17 | 12/22/2020 | SITTING WITH THE COURT : El-Dweek, Daniel Saleh | |
18 | 01/19/2021 | APPEARANCES: Waived under N.D.R.App.P. 34(a)(1)(c) | |
19 | 01/19/2021 | ARGUED: Waived under N.D.R.App.P. 34(a)(1)(c) | |
20 | 01/21/2021 | **Underlying criminal record for this matter is retained in 20200172 | |
21 | 01/21/2021 | 2ND ELEC. SUPP. RECORD ON APPEAL DATED JANUARY 20, 2021 (ENTRY NOS.20-24) | |
22 | 01/22/2021 | AMENDED 2ND ELEC. SUPP. RECORD ON APPEAL DATED JANUARY 21, 2021 (ENTRY NOS.20-25) |