Mbulu v. State
Docket No. 20210224
Oral Argument:
Thursday, April 28, 2022 9:30 AM
Docket Info
- Title
- David Ntoto Mbulu, Petitioner and Appellant
v.
State of North Dakota, Respondent and Appellee - Case Type
- CIVIL APPEAL : POST-CONVICTION RELIEF
- Appeal From
-
Case No. 2018-CV-01352
Northwest Judicial District, Williams County
Kirsten Marie Sjue
2022 ND 138
Oral Argument
4/28/2022
Highlight
A party opposing a motion to summarily dismiss a claim for post-conviction relief is entitled to all reasonable inferences and is entitled to an evidentiary hearing if a reasonable inference raises a genuine issue of material fact.
A claim for post-conviction relief may be deemed abandoned if it is not further developed after it is first made in the application for post-conviction relief.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
| Seq. # | Filing Date | Description | Attachment |
|---|---|---|---|
| 1 | 08/11/2021 | NOTICE OF APPEAL : 08/11/2021 | |
| 2 | 08/11/2021 | ORDER FOR TRANSCRIPT : 08/11/2021 | |
| 3 | 08/11/2021 | NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV. | |
| 4 | 08/11/2021 | Notice Served on Kyle R. Craig and Nathan K. Madden | |
| 5 | 08/13/2021 | Notice of Court Appointed Counsel - Ben C. Pulkrabek | |
| 6 | 09/07/2021 | ELEC. RECORD ON APPEAL DATED SEPTEMBER 3, 2021 (ENTRY NOS.1-3; 5-99; 101-125)(No Entry's 4 & 100) | |
| 7 | 10/08/2021 | ELECTRONIC TRANSCRIPT DATED JANUARY 29, 2021 | |
| 8 | 10/08/2021 | REDACTION KEY FOR ELECTRONIC TRANSCRIPT DATED JANUARY 29, 2021 | |
| 9 | 10/08/2021 | TRANSCRIPT CERTIFICATE OF SERVICE | |
| 10 | 10/08/2021 | TRANSCRIPT CERTIFICATE OF SERVICE (service on Mr. Pulkrabek) | |
| 11 | 10/22/2021 | Consent to Motion to Withdraw (motion not yet filed) | |
| 12 | 10/27/2021 | MOTION TO WITHDRAW AS COUNSEL BY BEN PULKRABEK | |
| 13 | 10/28/2021 | Motion to withdraw referred to district court under N.D.R.Ct. 11.2 | |
| 14 | 10/28/2021 | STAY PENDING DECISION ON MOTION TO WITHDRAW | |
| 15 | 12/16/2021 | DC Order Granting Withdrawl of Appellant Counsel - Ben Pulkrabek | |
| 16 | 12/17/2021 | MOT. EXT/TIME APPELLANT BRIEF (Reset due to withdrawl of Appellant Counsel) | |
| 17 | 12/17/2021 | ACTION BY CLERK - Granted : 01/16/2022 | |
| 18 | 12/17/2021 | Notice of Court Appointed Counsel - Erik A. Escarraman | |
| 19 | 12/20/2021 | ELEC. SUPP. RECORD ON APPEAL DATED DECEMBER 17, 2021 (ENTRY NOS. 126-136) | |
| 20 | 12/21/2021 | 2ND ELEC. SUPP. RECORD ON APPEAL DATED DECEMBER 21, 2021 (ENTRY NOS. 137-139 ) | |
| 21 | 01/20/2022 | S.Ct. Not. of Dismissal/Failure to Proceed | |
| 22 | 01/27/2022 | NO ACTION TAKEN | |
| 23 | 01/27/2022 | MOT. EXT/TIME APPELLANT BRIEF | |
| 24 | 01/27/2022 | ACTION BY CHIEF JUSTICE - Granted : 02/27/2022 | |
| 25 | 02/03/2022 | Notice of Court Appointed Counsel Samuel A. Gereszek | |
| 26 | 02/04/2022 | 3RD ELEC. SUPP. RECORD ON APPEAL DATED FEBRUARY 3, 2022 (ENTRY NOS. 140-141) | |
| 27 | 02/20/2022 | APPELLANT BRIEF | View |
| 28 | 02/20/2022 | Oral Argument Request by Appellant | |
| 29 | 02/20/2022 | APPELLANT APPENDIX | |
| 30 | 02/23/2022 | Rec'd 3 copies of ATB and 2 copies of ATA back from CD | |
| 31 | 02/22/2022 | MOTION TO REMOVE COUNSEL, WITHDRAW APPELLANTS BRIEF (AND FOR EXTENSION OF TIME TO FILE BRIEF) | |
| 32 | 03/03/2022 | ACTION BY CHIEF JUSTICE (granted in part, Gereszek removed, Appellant's brief remains filed) - Granted | |
| 33 | 03/03/2022 | MOTION FOR EXTENSION TO FILE SUPPLMENTAL STATEMENT UNDER N.D.R.APP.P. 24 (SUA SPONTE) | |
| 34 | 03/03/2022 | ACTION BY CHIEF JUSTICE - Granted : 04/01/2022 | |
| 35 | 03/21/2022 | APPELLEE BRIEF | View |
| 36 | 03/24/2022 | NOTICE OF ORAL ARGUMENT SENT | |
| 37 | 03/23/2022 | Rec'd 3 copies of AEB back from CD | |
| 38 | 03/22/2022 | Supplemental Statement of Indigent Party | View |
| 39 | 04/06/2022 | Rec'd $25.00 for additional pages in the appendix (receipt #28532) | |
| 40 | 04/07/2022 | Notice of Court Appointed Counsel Samuel A. Gereszek | |
| 41 | 04/08/2022 | 4TH ELEC. SUPP. RECORD ON APPEAL DATED APRIL 7, 2022 (ENTRY NOS. 142-146) | |
| 42 | 04/19/2022 | Rec'd 3 copies of SUP Statement back from CD | |
| 43 | 04/28/2022 | APPEARANCES: Samuel A. Gereszek/Appellee waived under N.D.R.App.P. 34(a)(1)(c) | |
| 44 | 04/28/2022 | ARGUED: Samuel A. Gereszek/Appellee waived under N.D.R.App.P. 34(a)(1)(c) | |
| 45 | 04/28/2022 | ORAL ARGUMENT WEBCAST | |
| 46 | 07/07/2022 | DISPOSITION (and Remanded) | |
| 47 | 07/07/2022 | UNANIMOUS OPINION : VandeWalle, Gerald W. | View |
| 48 | 07/07/2022 | Judgment | View |
| 49 | 07/20/2022 | Non-Compliant PER rec'd (no service); given until 7/31/22 to provide service | |
| 50 | 07/26/2022 | PETITION FOR REHEARING | View |
| 51 | 07/28/2022 | Rec'd 3 copies of PER back from CD | |
| 52 | 08/15/2022 | Response to Petition for Rehearing | View |
| 53 | 08/16/2022 | Rec'd 3 copies of PER Response back from CD | |
| 54 | 08/26/2022 | ACTION BY SUPREME COURT - Denied | View |
| 55 | 09/06/2022 | MANDATE |