State v. Holte

20010029 State of North Dakota, Petitioner
v.
The Honorable Robert W.
Holte, Judge of the District
Court, Northwest Judicial
District, and Larry Dvorak, Respondents

Appeal from: Northwest Judicial District, Ward County
Judge Robert W. Holte
Nature of Action: Writ of Certiorari (Crim.)
Counsel:
Petitioner: Rozanna Christine Larson , Asst. State's Attorney
Respondent: Richard B. Thomas
Respondent: Robert W. Holte
Term: 05/2001   Argument: 05/29/2001  9:30am
ND cite: 2001 ND 133
NW cite: 631 N.W.2d 595

Listen to recording of oral argument in MP3 format

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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Docket entries:
101/25/2001 PETITION FOR WRIT OF MANDAMUS & BRIEF
201/25/2001 PETITIONER'S APPENDIX
301/26/2001 DISK - Petition for of Certorari
401/26/2001 Affidavit of Service of Writ and other documents
501/27/2001 TRANSCRIPT in State v. Dvorak (Ward Co. #99-K-0666) dated 1-23-01
601/29/2001 DISK - TRA
702/02/2001 RESPONSE AND BRIEF IN OPPOSITION TO APPLICATION FOR WRIT OF CERTIORARI
802/02/2001 DISK OF Response & Brief in Opposition to Application for Writ of Certiorari
902/23/2001 SUPPLEMENTAL PETITIONER BRIEF
1002/23/2001 PETITIONER APPENDIX (Supplemental Appendix)
1102/26/2001 DISK - Supplemental Petitioner's Brief
1204/06/2001 Supplemental RESPONDENT BRIEF
1304/09/2001 DISK - supplemental respondent's brief
1405/29/2001 APPEARANCES: Rozanna C. Larson; Richard B. Thomas
1505/29/2001 ARGUED: Larson; Thomas (Vol. X; page 136)
1605/29/2001 ORAL ARGUMENT WEBCAST
1707/20/2001 DISPOSITION: PETITION/WRIT GRANTED
1807/20/2001 UNANIMOUS OPINION: VandeWalle, Gerald W.
1907/23/2001 Order/Judgment Mailed to Parties
2008/15/2001 MANDATE
2108/20/2001 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
2207/26/2007 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 10/30/2014