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Atkins v. State

Docket No. 20200266
Oral Argument: Waived

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.


Briefs

Filing Date Description
10/20/2020 APPELLANT BRIEF View
11/16/2020 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLANT COURT APPOINTED Benjamin C Pulkrabek - 02908
APPELLEE 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 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)