Phillips v. State

Summary

The North Dakota Supreme Court held that an indigent post-conviction applicant demonstrated a particularized need for a transcript of the evidentiary hearing. Because appellate counsel had not attended the hearing and the district court's dismissal order gave only the reasons stated on the record, the court concluded that denying the transcript was an abuse of discretion. The court reversed and remanded, retaining jurisdiction.

Holdings

1. A challenge to the denial of a transcript is sufficiently interrelated with an appeal from the order denying post-conviction relief that no separately filed notice of appeal is necessary.
2. The district court abused its discretion because Phillips demonstrated a particularized need, necessity, or justification for preparation and use of the transcript.
3. The district court must provide a transcript of the post-conviction hearing so Phillips may properly pursue his appeal from the order denying post-conviction relief.

Questions Presented

1. Whether Phillips was required to file a separate notice of appeal to challenge the denial of his request for a transcript after appealing the dismissal of his post-conviction petition.
2. Whether the district court abused its discretion by denying an indigent post-conviction applicant’s request for a transcript of the evidentiary hearing.

Disposition

reversed_and_remanded