Davis v. State
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| 20000335 |
Gregory James Davis, Petitioner and Appellant
v.
State of North Dakota, Respondent and Appellee
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| Appeal from: |
District Court,
East Central Judicial District,
Cass County
Judge Cynthia Rothe-Seeger |
|
Nature of Action: |
Post-Conviction Relief
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| Counsel: |
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| Term: |
03/2001 Argument: 03/13/2001 04:00pm
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| ND cite: |
2001 ND 85
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| NW cite: |
625 N.W.2d 855
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| Issues: |
Appellee's Statement of the Issues:
I. Does it violate the Constitutional principles of due process and double jeopardy to resentence a probation violator to a term of imprisonment longer than allowed by the original judgment?
II. May courts arbitrarily violate these principles and then rely on "acquiescence" as a waiver of these rights in the future?
III. Did the district court err in finding that appellant "willfully" violated probation?
IV. Should North Dakota return to "the older accepted practice" for sentencing probation violators, defined in Roberts v. U.S. and State v. Siegel, and demonstrated as the actual intent of the N.D. Legislature?
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 Add Docket 20000335 RSS
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| 1 | | 12/07/2000 | |
NOTICE OF APPEAL: 11/29/2000 |
| 2 | | 12/07/2000 | |
Letter from Vicky Matthys, Court Recorder, to Gregory James Davis dated 11-30-2000 RE: No |
| 3 | | 12/12/2000 | |
RECORD ON APPEAL (w/ROA in CR 94-754 & separates 36 & 49(transcripts)(not rec'd - |
| 4 | | 12/12/2000 | |
entry 2(warrant issued), 16 & 22(steno notes), 30(S.A. copy/Notice),38(tape) 50(copy/Motion)) |
| 5 | | 12/20/2000 | |
Supplemental Clerk's Certificate dated 12-19-00 (Entry Nos. 22 & 23) |
| 6 | | 01/04/2001 | |
APPELLANT BRIEF & Cert. of Service |
| 7 | | 01/04/2001 | |
APPELLANT APPENDIX |
| 8 | | 01/04/2001 | |
MOTION TO SUBMIT ON BRIEF IF STATE AGREES (see letter dated 1/4/00(sic)) |
| 9 | | 01/11/2001 | |
Letter from Mr. Davis dated 1-8-01 RE: court-appointed counsel |
| 10 | | 01/11/2001 | |
DISK NONCOMPLIANCE (Part of Mr. Davis's letter dated 1-8-01)(DISTRIBUTE W/BRIEFS) |
| 11 | | 02/02/2001 | |
APPELLEE BRIEF |
| 12 | | 02/02/2001 | |
APPELLEE APPENDIX |
| 13 | | 02/05/2001 | |
DISK - AEB both e-mail and regular disk |
| 14 | | 02/07/2001 | |
STIPULATION TO WAIVE APPEARANCE AND ORAL ARGUMENT (AT/AE) |
| 15 | | 02/08/2001 | |
REPLY BRIEF of Appellant |
| 16 | | 02/12/2001 | |
DISK NONCOMPLIANCE - RYB (Part of Mr. Davis's letter dated 2-8-01)(DIST. W/BRIEFS) |
| 17 | | 02/21/2001 | |
ACTION BY SUPREME COURT (OA waived - AT/AE). Granted |
| 18 | | 03/13/2001 | |
APPEARANCES: submitted on brief |
| 19 | | 03/13/2001 | |
ARGUED: submitted on brief (Vol. X; page 117) |
| 20 | | 03/15/2001 | |
Copy of Notice of Entry of Order allowing Steve Mottinger to withdraw as counsel |
| 21 | | 03/20/2001 | |
Clerk's Supplemental Cert. of ROA dated March 19, 2001 (entries 24-32) |
| 22 | | 05/01/2001 | |
DISPOSITION: AFFIRMED |
| 23 | | 12/07/2000 | |
transcript will be prepared as there was no hearing in this matter. |
| 24 | | 05/01/2001 | |
UNANIMOUS OPINION: Maring, Mary Muehlen |
| 25 | | 05/02/2001 | |
Order/Judgment Mailed to Parties |
| 26 | | 05/02/2001 | |
Corrected/Substitute Opinion Page 5 |
| 27 | | 06/01/2001 | |
MANDATE |
| 28 | | 06/06/2001 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 29 | | 07/16/2007 | |
EXPUNGED - Nonpermanent record items destroyed |