O'Neal v. State
Docket Info
- Title
- Jason Travis O'Neal, Petitioner and Appellant
v.
State of North Dakota, Respondent and Appellee - Case Type
- CIVIL APPEAL : POST-CONVICTION RELIEF
- Appeal From
-
Case No. 2022-CV-00770
East Central Judicial District, Cass County
Stephannie Nicole Stiel
Highlight
A district court’s order denying a post-conviction relief application based on newly discovered evidence and ineffective assistance of counsel is affirmed.
To succeed on a post-conviction relief claim based on newly discovered evidence a defendant must show 1) evidence was discovered after trial, 2) the failure to learn about the evidence was not the result of defendant’s lack of diligence, 3) the newly discovered evidence was material to the issues, and 4) the weight and quality of the evidence would likely have resulted in an acquittal.
To prove post-conviction relief based on ineffective assistance of counsel an applicant must 1) show that counsel’s representation fell below an objective standard of reasonableness and 2) show that there was a reasonable probability that, but for the counsel’s unprofessional errors, the result of proceeding would have been different.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
Seq. # | Filing Date | Description | Attachment |
---|---|---|---|
1 | 12/06/2022 | NOTICE OF APPEAL : 12/06/2022 | View |
2 | 12/06/2022 | ORDER FOR TRANSCRIPT : 12/06/2022 | View |
3 | 12/06/2022 | NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV. | View |
4 | 12/06/2022 | Notice Served on Kyle R. Craig & Birch P. Burdick | |
5 | 12/09/2022 | Scott Diamond assigned as counsel for the Appellant | View |
6 | 01/05/2023 | ELEC. RECORD ON APPEAL DATED JANUARY 4, 2023 (ENTRY NOS. 1-30) | View |
7 | 01/05/2023 | ELEC. RECORD ON APPEAL DATED JANUARY 4, 2023 (ENTRY NOS. 1-60, 62) (UNDERLYING CRIMINAL CASE) | View |
8 | 02/03/2023 | All Transcripts Filed in Record | |
9 | 02/21/2023 | APPELLANT BRIEF | View |
10 | 02/23/2023 | Rec'd 4 copies of ATB from CSD | |
11 | 03/21/2023 | NOTICE OF ORAL ARGUMENT SENT | |
12 | 03/22/2023 | APPELLEE BRIEF | View |
13 | 03/22/2023 | ORAL ARGUMENT WAIVED - NO REQUESTS FOR ORAL ARGUMENT | |
14 | 03/23/2023 | Rec'd 4 copies of AEB from CSD | |
15 | 04/24/2023 | APPEARANCES: Waived under N.D.R.App.P. 34(a)(1)(C) | |
16 | 04/24/2023 | ARGUED: Waived under N.D.R.App.P. 34(a)(1)(C) | |
17 | 06/08/2023 | DISPOSITION | |
18 | 06/08/2023 | UNANIMOUS OPINION : Crothers, Daniel John | View |
19 | 06/08/2023 | Judgment | View |
20 | 06/30/2023 | MANDATE |