| 10:45am | Tuesday, February 5, 2008 | ||||||
| 20070176 |
Randy L. Bertram, Petitioner and Appellant v. State of North Dakota, Respondent and Appellee | ||||||
| Appeal from: | Northwest Judicial District, Williams County, Judge Gary H. Lee | ||||||
| Nature of Action: | Post-Conviction Relief | ||||||
| Counsel: |
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| Issues: | Appellee's Statement of the Issues: 1.The trespass claims raised in the post-conviction application were not fully and finally decided on direct appeal and thus are not res judicata. 2.A void judgment is no judgment and can not be res judicata. It does not exist. 3.Even if the claim is identical or is closely identical, res judicata does not necessary or automatically apply. 4.A defendant in a criminal case and in a post-conviction application can make a collateral attack on a judgment being used as evidence against him. 5.Not allowing a collateral attack on a judgment used as evidence against him, denies to the defendant his right to defend. 6.Bertram had ineffective assistance of counsel. 7.No evidentiary hearing was needed to prove ineffective assistance of counsel, it could be decided on summary disposition. 8.A fair hearing on the post-conviction was denied. | ||||||
| Briefs: |
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Generated from Supreme Court Docket on 02/29/2008 | |||||||