State v. Jones

20020118 State of North Dakota, Plaintiff and Appellee
v.
Michael Verne Jones, Defendant and Appellant
Appeal from: District Court, East Central Judicial District, Cass County
Judge Norman J. Backes
Nature of Action: Drugs/Contraband
Counsel:
Appellant: Monty Grant Mertz
Appellee: Tracy Jo Peters , Asst. State's Attorney
Term: 11/2002   Argument: 11/13/2002  01:30pm
ND cite: 2002 ND 193
NW cite: 653 N.W.2d 668

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Issues: Appellant's Statement of the Issues:
I. Whether the Trial Court erred by not allowing Michael Jones to withdraw the waiver of his Preliminary hearing.
II. Whether the Trial Court erred by denying Michael Jones' Motion to Suppress.
III. Whether the Trial Court erred by not dismissing the charges against Michael Jones due to official misconduct.

Appellee's Statement of the Issues:
I. The issue regarding the Defendant's waiver of his preliminary hearing has not been properly brought before this Court and, even if it had been, the trial court correctly denied the Defendant's motion to withdraw the waiver of his preliminary hearing.
II. The trial court correctly denied the Defendant's motion to suppress.
III. The trial court correctly denied the Defendant's motion to dismiss based on alleged official misconduct.


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Docket entries:
105/16/2002 NOTICE OF APPEAL: 05/13/2002
205/16/2002 ORDER FOR TRANSCRIPT: 05/13/2002
305/22/2002 Certified cy from Trial Ct.; Mark A. Beauchene has been appointed by Judge Backes to represent AT
405/23/2002 Copy of letter from Clerk of District Court to Michael Jones dated 5-21-02 advising that Mr.
505/23/2002 Edinger is now court appointed counsel for Mr. Jones.
605/28/2002 Letter from Mark Beauchene dated 5-24-02 RE: Mr. Edinger is now court appointed counsel
705/31/2002 Copy of letter from Cass Co. clerk's office to Michael Jones dated 5-29-02 advising that Mr. Mertz
805/31/2002 will remain as counsel for Mr. Jones
906/10/2002 RETENTION OF RECORD ON APPEAL (Vicky Matthys): 07/02/2002
1006/27/2002 Transcript dated 4-3-02
1107/01/2002 DISK - TRA (4-3-02)(e-mailed)
1207/01/2002 E-Mail from Vicky Matthys stating an additional transcript will be filed by Kelly Kroke
1307/03/2002 MOT. EXT/TIME TRANSCRIPT (Kelly Kroke) (with ltr from Monty Mertz)
1407/03/2002 ACTION BY TRIAL COURT (MTR). Granted: 08/11/2002
1507/16/2002 TRANSCRIPT COMMENCING May 7, 2002 (2 Volumes)
1607/17/2002 DISK - TRA of May 7 & 8, 2002 (2 Vol)
1707/18/2002 RECORD ON APPEAL (Not Rec'd: #6, 25 & 34 (Scheduling Order); #16, 20, 23, & 42 (Tapes);
1807/18/2002 #58 & 84 (Steno Notes); and #71-77 (Exhibits)
1908/26/2002 APPELLANT BRIEF
2008/26/2002 APPELLANT APPENDIX
2108/27/2002 DISK - ATB
2209/20/2002 MOT. EXT/TIME APPELLEE BRIEF & Affidavit
2309/20/2002 ACTION BY CLERK. Granted: 10/10/2002
2410/10/2002 APPELLEE BRIEF
2510/10/2002 APPELLEE APPENDIX
2610/11/2002 DISK - AEB
2710/28/2002 REPLY BRIEF
2810/29/2002 DISK - RYB
2911/13/2002 APPEARANCES: Monty G. Mertz; Tracy J. Peters, Brett M. Shasky
3011/13/2002 ARGUED: Mertz; Peters (Vol. Y; Page 55)
3112/04/2002 DISPOSITION: AFFIRMED
3212/04/2002 UNANIMOUS OPINION: Kapsner, Carol Ronning
3312/05/2002 Order/Judgment Mailed to Parties
3412/05/2002 Corrected/Substitute Opinion Page 10
3512/17/2002 Mot. Ext/Time Petition for Rehearing (filed by pro se Appellant)
3612/17/2002 ACTION BY CLERK (MPR). Granted: 01/02/2003
3712/31/2002 Letter dated 12/31/02 from Mr. Jones stating that no Petition for Rehearing will be filed.
3812/31/2002 MANDATE
3901/07/2003 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
4007/28/2008 EXPUNGED - Nonpermanent record items destroyed

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