Search Tips

Wilkinson v. State

Docket No. 20220282
Oral Argument: Waived

Docket Info

Title
Warren James Wilkinson, Sr., Petitioner and Appellant
v.
State of North Dakota, Respondent and Appellee
Case Type
CIVIL APPEAL : POST-CONVICTION RELIEF
Appeal From
Case No. 2022-CV-00145
Northeast Central Judicial District, Grand Forks County
John A. Thelen

Parties' Statement of Issues

  • Appellant

    Whether the Trial Court erred in denying the petitioner’s application for postconviction relief.

  • Appellee 1

    The district court did not err when it denied Wilkinson’s application for post-conviction relief because Wilkinson’s trial counsel’s conduct did not fall below the standard of reasonableness and did not prejudice Wilkinson.

Summary

Warren Wilkinson appeals from a district court order denying his application for post-conviction relief after an evidentiary hearing. He argues his attorney’s representation fell below an objective standard of reasonableness because the attorney failed to submit a pretrial motion, failed to conduct a meaningful investigation, failed to validate the authenticity of a recording, made concessions at trial and allowed Wilkinson to testify.

Briefs

Filing Date Description
12/27/2022 APPELLANT BRIEF View
01/24/2023 APPELLEE BRIEF View
03/10/2023 Supplemental Statement of Indigent Party (redacted) View

Counsel

Party Type Name
APPELLANT COURT APPOINTED Laura Claire Ringsak - 08146
APPELLEE ASST. STATE'S ATTORNEY Andrew C. Eyre - 07121

(Note: Attachments may not be available for recently filed cases and/or confidential documents.)

Seq. # Filing Date Description Attachment
1 09/22/2022 NOTICE OF APPEAL : 09/22/2022 View
2 09/22/2022 ORDER FOR TRANSCRIPT : 09/23/2022 View
3 09/23/2022 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV. View
4 09/23/2022 Notice served on Kyle R. Craig & Andrew C. Eyre
5 09/26/2022 Laura C. Ringsak appointed to represent Appellant
6 10/19/2022 ELEC. RECORD ON APPEAL DATED OCTOBER 18, 2022 (ENTRY NOS. 1-41, 43-46, 48-60)(NOT SENT: 42 & 47) View
7 10/19/2022 ELEC. RECORD ON APPEAL DATED OCTOBER 18, 2022 (ENTRY NOS. 1-125, 127-129, 131-133, 135-206) View
8 10/19/2022 (NOT SENT: 126, 130, 134)(UNDERLYING CRIMINAL)
9 10/21/2022 AMENDED ELEC. SUPP. RECORD ON APPEAL DATED OCTOBER 20, 2022 (ENTRY NOS. 1-5, 6-125, 127-129, View
10 10/21/2022 131-133, 135-207)(NOT SENT: 126, 130, 134)(UNDERLYING CRIMINAL)
11 10/24/2022 2ND AMENDED ELEC. SUPP. RECORD ON APPEAL DATED OCTOBER 21, 2022 (ENTRY NOS. 1-4, 6-125, 127-129, View
12 10/24/2022 131-133, 135-208)(NOT SENT: 126, 130, 134)(UNDERLYING CRIMINAL)
13 10/24/2022 1ST ELEC. SUPP. RECORD ON APPEAL DATED OCTOBER 21, 2022 (ENTRY NOS. 61-68) View
14 11/17/2022 All Transcripts Filed in Record
15 11/18/2022 2ND ELEC. SUPP. RECORD ON APPEAL DATED NOVEMBER 17, 2022 (ENTRY NOS. 69-72) View
16 12/27/2022 APPELLANT BRIEF View
17 12/28/2022 Rec'd 3 copie sof ATB from CSD
18 01/24/2023 APPELLEE BRIEF View
19 01/25/2023 Consent of Andrew C. Eyre for Murial Rott, law student was received
20 01/25/2023 Rec'd corrections to AEB
21 01/26/2023 Rec'd corrections to c.o.s. for AEB
22 01/27/2023 Rec'd 3 copies of AEB from CSD
23 01/30/2023 ORAL ARGUMENT WAIVED - NO REQUESTS FOR ORAL ARGUMENT
24 03/03/2023 MOTION FOR Extension of time to file Supplemental Statement View
25 03/03/2023 ACTION BY SUPREME COURT (must be received no later than 3/14/23) - Granted
26 03/10/2023 Supplemental Statement of Indigent Party (redacted) View
27 03/15/2023 Rec'd 4 copies of Supp. Stmt from CSD
28 03/16/2023 APPEARANCES: Waived under N.D.R.App.P. 34(a)(1)(C)
29 03/16/2023 ARGUED: Waived under N.D.R.App.P. 34(a)(1)(C)