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
Highlight
A district court may summarily dismiss a successive application for post-conviction relief under N.D.C.C. § 23-32.1-09(1) on its own motion before the State answers when the issues raised in the application have been previously decided by this Court.
An applicant for post-conviction relief is entitled to notice that the application may be summarily dismissed. A court’s failure to provide notice prior to summary dismissal constitutes harmless error if a party fails to establish prejudice.
A district court’s error in dismissing an application for post-conviction relief based on an affirmative defense not pleaded by the State does not prejudice the applicant when the court had alternative statutory authority to summarily dismiss the application.
(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 | 10/09/2020 | ELECTRONIC TRANSCRIPT DATED NOVEMBER 8, 2019 | |
7 | 10/09/2020 | ELECTRONIC TRANSCRIPT DATED FEBRUARY 21, 2020 | |
8 | 10/09/2020 | ELECTRONIC TRANSCRIPT DATED JUNE 5, 2020 | |
9 | 10/09/2020 | CERTIFICATE OF SERVICE FOR TRANSCRIPTS | |
10 | 10/20/2020 | APPELLANT BRIEF | View |
11 | 10/20/2020 | Paper Filed Document (ATB) | |
12 | 10/20/2020 | APPELLANT APPENDIX | |
13 | 10/20/2020 | Paper Filed Document (ATA) | |
14 | 10/23/2020 | Rec'd 5 copies of ATB and 4 copies of ATA back from CD | |
15 | 11/06/2020 | ELEC. RECORD ON APPEAL DATED NOVEMBER 5, 2020 (ENTRY NOS.1-15) | |
16 | 11/16/2020 | APPELLEE BRIEF | View |
17 | 11/18/2020 | Rec'd 5 copies of AEB back from CD | |
18 | 12/01/2020 | ORAL ARGUMENT WAIVED - NO REQUESTS FOR ORAL ARGUMENT | |
19 | 12/07/2020 | REC'D NOTIFICATION OF ASSIGNMENT OF COUNSEL -BEN PULKRABEK | |
20 | 12/09/2020 | ELEC. SUPP. RECORD ON APPEAL DATED DECEMBER 8, 2020 (ENTRY NOS. 16-19 ) | |
21 | 12/22/2020 | SITTING WITH THE COURT : El-Dweek, Daniel Saleh | |
22 | 01/19/2021 | APPEARANCES: Waived under N.D.R.App.P. 34(a)(1)(c) | |
23 | 01/19/2021 | ARGUED: Waived under N.D.R.App.P. 34(a)(1)(c) | |
24 | 01/21/2021 | **Underlying criminal record for this matter is retained from 20200172 | |
25 | 01/21/2021 | 2ND ELEC. SUPP. RECORD ON APPEAL DATED JANUARY 20, 2021 (ENTRY NOS.20-24) | |
26 | 01/22/2021 | AMENDED 2ND ELEC. SUPP. RECORD ON APPEAL DATED JANUARY 21, 2021 (ENTRY NOS.20-25) | |
27 | 04/28/2021 | ELEC. RECORD ON APPEAL DATED JULY 28, 2020 (ENTRY NOS. 1-3, 5-81, 83-179, 181-206) | |
28 | 04/28/2021 | (NOT SENT: 180)(UNDERLYING CRIMINAL) | |
29 | 05/06/2021 | DISPOSITION | |
30 | 05/06/2021 | UNANIMOUS OPINION : McEvers, Lisa K. Fair | View |
31 | 05/06/2021 | Judgment | |
32 | 05/19/2021 | Mot. Ext/Time Petition for Rehearing | |
33 | 05/24/2021 | ACTION BY ACTING CHIEF JUSTICE CROTHERS - Granted : 06/21/2021 | |
34 | 06/01/2021 | PETITION FOR REHEARING | View |
35 | 06/09/2021 | Rec'd non-substantive corrections to PER | |
36 | 06/10/2021 | Rec'd 4 copies of PER from CSD | |
37 | 06/24/2021 | ACTION BY SUPREME COURT - Denied | View |
38 | 07/02/2021 | MANDATE | |
39 | 08/17/2021 | Corrected Opinion Page - Correction is on page 1, paragraph 2, line 9 of the block quote, | |
40 | 08/17/2021 | the word “file” should be “filed” |