Search Tips

Black Elk v. State

Docket No. 20230035
Oral Argument: Monday, June 26, 2023 1:30 PM

Docket Info

Title
Cassandra Black Elk, Petitioner and Appellee
v.
State of North Dakota, Respondent and Appellant
Case Type
CIVIL APPEAL : POST-CONVICTION RELIEF
Appeal From
Case No. 2022-CV-02309
South Central Judicial District, Burleigh County
Daniel James Borgen
2023 ND 150
Oral Argument 6/26/2023

Highlight

A part must preserve an issue in district court before it can be reviewed on appeal. A party must preserve a claim of error, as it relates to the admissibility of evidence, by objecting or moving to strike the evidence on record and stating a specific ground for exclusion.

This Court will exercise discretion rarely to consider issues not preserved in post-conviction proceedings, and will do so only if the error is plain and seriously affects the fairness, integrity, or public reputation of judicial proceedings.

A statement is not hearsay when it is offered simply to prove the statement was made. A petitioner at a post-conviction hearing is permitted to testify about the advice given to them by counsel as long as the testimony is submitted to simply show the advice was verbalized.

Advising a defendant that the defendant can deal with a material piece of evidence after a defendant has pled guilty and been sentenced by simply retracting or withdrawing the plea falls below an objectively reasonable standard of a defense attorney.

Briefs

Filing Date Description
05/05/2023 APPELLANT BRIEF View
06/02/2023 APPELLEE BRIEF View
06/16/2023 REPLY BRIEF View

Counsel

Party Type Name
APPELLEE PRIVATE PRACTICE Ryan David Sandberg - 05999
APPELLEE PRIVATE PRACTICE Not Licensed in ND - 00002
APPELLEE PRIVATE PRACTICE Not Licensed in ND - 00002
APPELLANT ASST. STATE'S ATTORNEY David Lee Rappenecker - 09575

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

Seq. # Filing Date Description Attachment
1 02/03/2023 NOTICE OF APPEAL : 02/03/2023 View
2 02/03/2023 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV. View
3 02/03/2023 Notice Served on David L. Rappenecker, Ryan D. Sandberg & James R. Mayer
4 02/03/2023 ORDER FOR TRANSCRIPT : 02/06/2023 View
5 03/02/2023 ELEC. RECORD ON APPEAL DATED FEBRUARY 28, 2023 (ENTRY NOS. 1-61) View
6 03/02/2023 ELEC. RECORD ON APPEAL DATED FEBRUARY 28, 2023 (ENTRY NOS. 1-71) (UNDERLYING CRIMINAL) View
7 04/03/2023 All Transcripts Filed in Record
8 04/04/2023 1ST ELEC. SUPP. RECORD ON APPEAL DATED APRIL 3, 2023 (ENTRY NOS. 62-64) View
9 05/05/2023 APPELLANT BRIEF View
10 05/05/2023 Oral Argument Request by Appellant
11 05/09/2023 Rec'd 4 copies of ATB from CSD
12 05/30/2023 NOTICE OF ORAL ARGUMENT SENT
13 06/01/2023 MOTION AND AFFIDAVIT FOR ADMISSION PRO HAC VICE OF MARK R. BRADFORD View
14 06/01/2023 Updated affidavit of James R. Mayer in support of Admission to Practice Pro Hac Vice View
15 06/02/2023 APPELLEE BRIEF View
16 06/06/2023 ACTION BY CLERK - Granted
17 06/06/2023 Rec'd corrections to AEB
18 06/06/2023 Rec'd additional corrections to AEB
19 06/07/2023 Rec'd 4 copies of AEB from CSD
20 06/15/2023 MOTION TO PARTICIPATE IN ARGUMENT BY APPELLEE View
21 06/15/2023 ACTION BY CHIEF JUSTICE - Granted
22 06/16/2023 REPLY BRIEF View
23 06/19/2023 Rec'd 4 copies of RYB from CSD
24 06/23/2023 Request for Radio/TV Coverage (KFYR-TV) View
25 06/23/2023 ACTION BY CLERK (live streaming denied) - Granted
26 06/26/2023 APPEARANCES: David L. Rappenecker, Ryan D. Sandberg, Mark R. Bradford & James R. Mayer
27 06/26/2023 ARGUED: David L. Rappenecker and Mark R. Bradford
28 06/26/2023 ORAL ARGUMENT WEBCAST
29 08/17/2023 DISPOSITION
30 08/17/2023 SPLIT OPINION : Jensen, Jon J. View
31 08/17/2023 CONCURRING IN THE RESULT : McEvers, Lisa K. Fair
32 08/17/2023 Judgment View
33 09/08/2023 MANDATE