Davis v. State

20000335 Gregory James Davis, Petitioner and Appellant
v.
State of North Dakota, Respondent and Appellee

Appeal from: District Court, East Central Judicial District, Cass County
Judge Cynthia Rothe-Seeger
Nature of Action: Post-Conviction Relief
Counsel:
Appellant: Pro se
Appellee: Wade Lykken Webb , Asst. State's Attorney
Term: 03/2001   Argument: 03/13/2001  Waived
ND cite: 2001 ND 85
NW cite: 625 N.W.2d 855


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?

Add Docket 20000335 RSS Add Docket 20000335 RSS

Docket entries:
112/07/2000 NOTICE OF APPEAL: 11/29/2000
212/07/2000 Letter from Vicky Matthys, Court Recorder, to Gregory James Davis dated 11-30-2000 RE: No
312/12/2000 RECORD ON APPEAL (w/ROA in CR 94-754 & separates 36 & 49(transcripts)(not rec'd -
412/12/2000 entry 2(warrant issued), 16 & 22(steno notes), 30(S.A. copy/Notice),38(tape) 50(copy/Motion))
512/20/2000 Supplemental Clerk's Certificate dated 12-19-00 (Entry Nos. 22 & 23)
601/04/2001 APPELLANT BRIEF & Cert. of Service
701/04/2001 APPELLANT APPENDIX
801/04/2001 MOTION TO SUBMIT ON BRIEF IF STATE AGREES (see letter dated 1/4/00(sic))
901/11/2001 Letter from Mr. Davis dated 1-8-01 RE: court-appointed counsel
1001/11/2001 DISK NONCOMPLIANCE (Part of Mr. Davis's letter dated 1-8-01)(DISTRIBUTE W/BRIEFS)
1102/02/2001 APPELLEE BRIEF
1202/02/2001 APPELLEE APPENDIX
1302/05/2001 DISK - AEB both e-mail and regular disk
1402/07/2001 STIPULATION TO WAIVE APPEARANCE AND ORAL ARGUMENT (AT/AE)
1502/08/2001 REPLY BRIEF of Appellant
1602/12/2001 DISK NONCOMPLIANCE - RYB (Part of Mr. Davis's letter dated 2-8-01)(DIST. W/BRIEFS)
1702/21/2001 ACTION BY SUPREME COURT (OA waived - AT/AE). Granted
1803/13/2001 APPEARANCES: submitted on brief
1903/13/2001 ARGUED: submitted on brief (Vol. X; page 117)
2003/15/2001 Copy of Notice of Entry of Order allowing Steve Mottinger to withdraw as counsel
2103/20/2001 Clerk's Supplemental Cert. of ROA dated March 19, 2001 (entries 24-32)
2205/01/2001 DISPOSITION: AFFIRMED
2312/07/2000 transcript will be prepared as there was no hearing in this matter.
2405/01/2001 UNANIMOUS OPINION: Maring, Mary Muehlen
2505/02/2001 Order/Judgment Mailed to Parties
2605/02/2001 Corrected/Substitute Opinion Page 5
2706/01/2001 MANDATE
2806/06/2001 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
2907/16/2007 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 12/18/2014