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O'Neal v. State

Docket No. 20220353
Oral Argument: Waived

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
2023 ND 109992 N.W.2d 14

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.

Briefs

Filing Date Description
02/21/2023 APPELLANT BRIEF View
03/22/2023 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLEE ASST. STATE'S ATTORNEY Brianna Kirsten Kraft - 09473
APPELLANT COURT APPOINTED Scott Orel Diamond - 05773

(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