State v. Jensen
Docket Info
- Title
- State of North Dakota, Plaintiff and Appellee
v.
Randy Scott Jensen, Defendant and Appellant - Case Type
- CRIMINAL APPEAL : DRUGS/CONTRABAND
- Appeal From
-
Case No. 2017-CR-02659
Northeast Central Judicial District, Grand Forks County
John A. Thelen
Highlight
When a defendant has previously filed an application for post-conviction relief, a subsequent motion filed under the Rules of Criminal Procedure will be treated as an application for post-conviction relief when the motion seeks to evade the boundaries of post-conviction proceedings.
On its own initiative, a court may enter a judgment denying a meritless application for post-conviction relief on any and all issues raised in the application before any response by the state. A district court’s summary dismissal of an application for post-conviction relief before a response by the State is analogous to dismissal of a civil complaint under N.D.R.Civ.P. 12(b) for failure to state a claim upon which relief can be granted.
A defendant may waive their speedy trial claim in four ways: (1) by failing to present the claim prior to or at the trial; (2) by entering a voluntary plea of guilty; (3) by failing to demand a prompt trial; or (4) by expressly consenting to the delay.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
| Seq. # | Filing Date | Description | Attachment |
|---|---|---|---|
| 1 | 11/06/2020 | NOTICE OF APPEAL : 11/06/2020 | |
| 2 | 11/12/2020 | NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV. | |
| 3 | 11/12/2020 | Notice served on Randy S. Jensen and Carmell F. Mattison | |
| 4 | 11/13/2020 | Kiara C. Kraus-Parr appointed to represent Appellant | |
| 5 | 12/02/2020 | ELEC. RECORD ON APPEAL DATED DECEMBER 1, 2020 (ENTRY NOS.1-95 & 98-192)(NOT REC'D 93-97) | |
| 6 | 12/09/2020 | Appealability to be briefed with the merits | |
| 7 | 12/16/2020 | APPELLANT BRIEF | View |
| 8 | 12/16/2020 | Oral Argument Request by Appellant | |
| 9 | 12/16/2020 | APPELLANT APPENDIX | |
| 10 | 12/18/2020 | Rec'd 5 copies of ATB and 4 copies of ATA back from CD | |
| 11 | 01/14/2021 | APPELLEE BRIEF | View |
| 12 | 01/14/2021 | Oral Argument Request by Appellee | |
| 13 | 01/14/2021 | APPELLEE APPENDIX | |
| 14 | 01/15/2021 | Rec'd written consent of Carmel Mattison for Kathryn Jund, 3rd year | |
| 15 | 01/19/2021 | Rec'd 5 copies of AEB and 4 copies of AEA back from CD | |
| 16 | 01/20/2021 | NOTICE OF ORAL ARGUMENT SENT | |
| 17 | 01/29/2021 | MOTION TO WITHDRAW BY KRAUS-PARR | |
| 18 | 02/01/2021 | ACTION BY CHIEF JUSTICE - Granted | |
| 19 | 02/05/2021 | MOT FOR EXTENTION OF TIME TO FILE Rule 24 N.D.R.App.P. Supplemental Statement by Indigent Defendant | |
| 20 | 02/06/2021 | ACTION BY CHIEF JUSTICE - Granted | |
| 21 | 02/06/2021 | Rule 24 N.D.R.App.P. Supplemental Statement by Indigent Defendant | View |
| 22 | 02/17/2021 | NOTICE OF ORAL ARGUMENT SENT | |
| 23 | 03/01/2021 | Mail to Jensen at GFCC dated 2/9/21, 2/10/21 returned - Jensen now at Barnes Co. jail | |
| 24 | 03/01/2021 | Monty G. Mertz assigned as counsel | |
| 25 | 03/30/2021 | APPEARANCES: Monty G. Mertz; Carmell F. Mattison; Kathryn Jund, 3rd Year Law Student | |
| 26 | 03/30/2021 | ARGUED: Monty G. Mertz; Kathryn Jund, 3rd Year Law Student | |
| 27 | 03/30/2021 | ORAL ARGUMENT WEBCAST | |
| 28 | 07/08/2021 | DISPOSITION | |
| 29 | 07/08/2021 | UNANIMOUS OPINION : Jensen, Jon J. | View |
| 30 | 07/08/2021 | Judgment | |
| 31 | 07/30/2021 | MANDATE | |
| 32 | 09/13/2021 | Corrected Opinion Page - Citation in paragraph 16 line 7 | |
| 33 | 09/28/2021 | Rec'd return mail - updated address and sent letter to Appellant | |
| 34 | 10/04/2021 | Rec'd returned mail, letter dated 9/13/21 - unable to forward |