State v. Holte
State of North Dakota, Petitioner
The Honorable Robert W.
Holte, Judge of the District
Court, Northwest Judicial
District, and Larry Dvorak, Respondents
North Central Judicial District,
Judge Robert W. Holte
|Nature of Action:||Writ of Certiorari (Crim.)|
|Term:||05/2001  Argument: 05/29/2001|
|ND cite:||2001 ND 133|
631 N.W.2d 595
Listen to recording of oral argument in MP3 format
Petitioner's Statement of the Issues:|
I. The Supreme Court should exercise its supervisory authority in this matter pursuant to NDCC 27-02-04 to prevent a miscarriage of justice.
II. A "willful" culpability would allow the defendant to have the jury instructed on defenses which would be a miscarriage of justice and contrary to public interest and safety.
III. The trial court exceeded its authority and jurisdiction by amending a "willful" culpability to NDCC 14-07.1-06, and ordering the jury be so instructed.
Respondent's Statement of the Issues:
The Supreme Court should decline the exercise of supervisory authority over the District Court.
A "willful" culpability standard would not result in a miscarriage of justice nor be contrary to public interest or safety.
|Add Docket 20010029 RSS|
|1||01/25/2001 PETITION FOR WRIT OF MANDAMUS & BRIEF|
|2||01/25/2001 PETITIONER'S APPENDIX|
|3||01/26/2001 DISK - Petition for of Certorari|
|4||01/26/2001 Affidavit of Service of Writ and other documents|
|5||01/27/2001 TRANSCRIPT in State v. Dvorak (Ward Co. #99-K-0666) dated 1-23-01|
|6||01/29/2001 DISK - TRA|
|7||02/02/2001 RESPONSE AND BRIEF IN OPPOSITION TO APPLICATION FOR WRIT OF CERTIORARI|
|8||02/02/2001 DISK OF Response & Brief in Opposition to Application for Writ of Certiorari|
|9||02/23/2001 SUPPLEMENTAL PETITIONER BRIEF|
|10||02/23/2001 PETITIONER APPENDIX (Supplemental Appendix)|
|11||02/26/2001 DISK - Supplemental Petitioner's Brief|
|12||04/06/2001 Supplemental RESPONDENT BRIEF|
|13||04/09/2001 DISK - supplemental respondent's brief|
|14||05/29/2001 APPEARANCES: Rozanna C. Larson; Richard B. Thomas|
|15||05/29/2001 ARGUED: Larson; Thomas (Vol. X; page 136)|
|16||05/29/2001 ORAL ARGUMENT WEBCAST|
|17||07/20/2001 DISPOSITION: PETITION/WRIT GRANTED|
|18||07/20/2001 UNANIMOUS OPINION: VandeWalle, Gerald W.|
|19||07/23/2001 Order/Judgment Mailed to Parties|
|21||08/20/2001 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|
|22||07/26/2007 EXPUNGED - Nonpermanent record items destroyed|