State v. Holte
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| 20010029 |
State of North Dakota, Petitioner
v.
The Honorable Robert W.
Holte, Judge of the District
Court, Northwest Judicial
District, and Larry Dvorak, Respondents
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| Appeal from: |
Northwest Judicial District,
Ward County
Judge Robert W. Holte |
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Nature of Action: |
Writ of Certiorari (Crim.)
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| Counsel: |
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| Term: |
05/2001 Argument: 05/29/2001 09:30am
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| ND cite: |
2001 ND 133
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| NW cite: |
631 N.W.2d 595
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| Issues: |
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.
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| 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 |
| 20 | | 08/15/2001 | |
MANDATE |
| 21 | | 08/20/2001 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 22 | | 07/26/2007 | |
EXPUNGED - Nonpermanent record items destroyed |