Search Tips

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
2021 ND 83959 N.W.2d 588

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.

Briefs

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

Counsel

Party Type Name
APPELLEE ASST. STATE'S ATTORNEY Meredith Huseby Larson - 06206
APPELLANT COURT APPOINTED Benjamin C Pulkrabek - 02908

(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”