Johnson v. State

20050028
Court of Appeals
Robert L. Johnson, Petitioner and Appellant
v.
State of North Dakota, Respondent and Appellee

Appeal from: District Court, South Central Judicial District, Burleigh County
Judge Donald L. Jorgensen
Nature of Action: Post-Conviction Relief
Counsel:
Appellee: Richard James Riha , State's Attorney
Appellee: Lloyd Clayton Suhr , Asst. State's Attorney
Appellant: Susan Schmidt
Term: 06/2005   Argument: 06/14/2005  09:30am
ND cite: 2005 ND App
NW cite: 700 N.W.2d 723

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Issues: Appellant's Statement of the Issues:
1. Should Robert L. Johnson be allowed to withdraw his guilty pleas in both cases when the pleas were entered at a time when he was adversely affected by medications, his mental illnesses and limited mental capacity, and his confessions were coerced?
2. Did Robert L. Johnson receive adequate legal representation when he pled guilty to the charge against him in case number 97-K-2384?

Appellee's Statement of the Issues:
1. Did the trial court abuse its discretion when it did not allow Johnson to withdraw his guilty pleas?
2. Did Johnson receive inadequate assistance of counsel?

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Docket entries:
101/28/2005 NOTICE OF APPEAL: 01/20/2005
201/28/2005 This case is consolidated w/20050029; make all entries except DIS and MAN in this case
302/18/2005 Transcript dated December 27, 2004
402/18/2005 DISK - Transcript dated December 27, 2004
502/18/2005 RECORD ON APPEAL & separate 25 (transcript dated 10-6-97)
603/30/2005 MOT. EXT/TIME APPELLANT BRIEF (e-filed)
703/30/2005 E-FILED MOTION (Mot/Ext/ATB)(faxed)
803/30/2005 ACTION BY CLERK. Granted: 03/31/2005
903/31/2005 APPELLANT BRIEF
1003/31/2005 APPELLANT APPENDIX
1103/31/2005 DISK - atb (e-mailed)
1204/06/2005 8 cc of new pg. 12 for ATA
1304/26/2005 APPELLEE BRIEF
1404/26/2005 DISK (e-mailed) - AEB
1504/26/2005 ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning
1606/09/2005 Consent by Richard J. Riha for Jeffrey R. Ubben to appear under the Rule on the Limited Practice of
1706/09/2005 Law by Law Students
1806/09/2005 Affidavit of service of Consent to Appearance under limited practice rule.
1906/14/2005 APPEARANCES: Susan Schmidt; Jeffrey R. Ubben, third-year law student appearing under the Rule on
2006/14/2005 the Limited Practice of Law by Law Students, Lloyd C. Suhr
2106/14/2005 ARGUED: Schmidt; Ubben (Page 40)
2206/14/2005 ORAL ARGUMENT WEBCAST
2306/30/2005 DISPOSITION: AFFIRMED
2406/30/2005 UNANIMOUS OPINION: Per Curiam
2507/06/2005 Judgment Mailed to Parties
2607/28/2005 MANDATE
2708/31/2005 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 12/01/2008