State v. Norman

20020172 State of North Dakota, Plaintiff and Appellee
v.
James Elwood Norman, Defendant and Appellant

Appeal from: District Court, South Central Judicial District, Burleigh County
Judge Gail Hagerty
Nature of Action: Other (Crim.)
Counsel:
Appellee: Cynthia Mae Feland , Asst. State's Attorney
Amicus curiae: Jonathan R. Byers , Att. General Office
Appellant: Paul Henry Myerchin
Term: 10/2002   Argument: 10/28/2002  1:30pm
ND cite: 2003 ND 66
NW cite: 660 N.W.2d 549

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Issues: Appellant's Statement of the Issues:
1. Did the court err in finding that Chapter 31-13, North Dakota Century Code was retroactive in nature?
2. Did the trial court err in finding that Norman's 1992 conviction for murder and his present status as an inmate require his providing a DNA sample?

Appellee's Statement of the Issues:
I. The trial court did not error in finding that N.D.C.C. Section 31-13-03 was retroactive.
II. The trial court did not error in finding that Norman's 1992 conviction for murder and his present status as an inmate required him to provide a DNA sample.
III. Norman abandoned his ex post facto claim.
IV. The trial court did not make a finding that Norman would suffer no new legal consequences as a result of his refusal to submit a DNA sample.

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Docket entries:
107/01/2002 NOTICE OF APPEAL: 06/26/2002
207/01/2002 ORDER FOR TRANSCRIPT: 06/26/2002
307/01/2002 ANNOUNCED DISQUALIFICATION: Sandstrom, Dale V.
407/08/2002 TRANSCRIPT DATED June 11, 2002
507/09/2002 DISK - TRA of June 11, 2002
607/19/2002 RECORD ON APPEAL including Partial Transcript dated February 25, 1992. Not forwarded w/the record
707/19/2002 were Nos. 21 (tape); 56 (Defendant's Exhibits 1); 57 (Deposition of Dr. Karl J. Ulrich);
807/19/2002 No. 98 (Ex. #1, Stipulation of Facts); 99 (Ex. #2-6, Photographs); #121 There were no attachments
907/19/2002 145 (Transcript on Hearing on Motion for Expanded Media Coverage & Initial Appearance 1-14-92);
1007/19/2002 146 (Transcript on Hearing on Motion for Expanded Media Coverage & Preliminary Hearing 2-25-92);
1107/19/2002 147 (Transcript on Motions Hearing 05-18-92); 148 (Transcript Trial of the Action 06-25-92);
1207/19/2002 149 (Transcript of Trial of the Action 6-25-92); 150(Transcript of Trial of the Action 6-25-92);
1307/19/2002 151 (Transcript on Sentencing 09-29-92).
1408/16/2002 APPELLANT BRIEF
1508/16/2002 APPELLANT APPENDIX
1608/28/2002 DISK - ATB (e-mailed)
1709/16/2002 MOT. EXT/TIME APPELLEE BRIEF
1809/17/2002 ACTION BY CLERK (MAE). Granted: 10/01/2002
1909/17/2002 MOTION REQUESTING LEAVE TO FILE AMICUS BRIEF (ATTORNEY GENERAL)
2009/17/2002 ACTION BY CLERK. GRANTED
2109/17/2002 AMICUS CURIAE BRIEF (Attorney General)
2209/17/2002 Addendum to Amicus Curiae Brief of Attorney General
2309/17/2002 DISK - ACB
2409/25/2002 Request for Radio/TV Coverage (AP) (e-mail dated 9-25-02 from Dale Wetzel) (APPROVED)
2509/26/2002 SITTING WITH THE COURT: Fontaine, Laurie A.
2609/30/2002 APPELLEE BRIEF
2709/30/2002 DISK - AEB
2810/11/2002 MOTION BY JAMES NORMAN FOR COURT TO INTERVENE & ORDER COUNSEL TO FILE A SUBSTITUTE BRIEF
2910/15/2002 ACTION BY SUPREME COURT (MOT/Intervene). Denied
3010/23/2002 Request to be present at oral argument (letter from Mr. Norman dated 10-21-02
3110/25/2002 ACTION BY CLERK (present at oral argument). Denied
3210/28/2002 APPEARANCES: Kent M. Morrow; Cynthia M. Feland
3310/28/2002 ARGUED: Morrow; Feland (Vol. Y; Page 45)
3410/28/2002 ORAL ARGUMENT WEBCAST
3511/04/2002 Letter from James Norman dated 10-28-02 w/attached letter addressed to SC Justices
3604/24/2003 DISPOSITION: AFFIRMED
3704/24/2003 UNANIMOUS OPINION: VandeWalle, Gerald W.
3804/24/2003 Judgment Mailed to Parties
3905/02/2003 Mot. Ext/Time Petition for Rehearing & attachment
4005/02/2003 ACTION BY CHIEF JUSTICE. Granted: 05/22/2003
4105/19/2003 Mot. Ext/Time Petition for Rehearing (Jim Norman)
4205/19/2003 ACTION BY CHIEF JUSTICE (MPR). Granted: 06/21/2003
4306/10/2003 Copy of letter dated 6-09-03 from Kent Morrow to Paul Myerchin (Mr. Myerchin has replaced
4406/10/2003 Mr. Morrow as counsel for Appellant)
4506/20/2003 PETITION FOR REHEARING
4607/23/2003 ACTION BY SUPREME COURT (PER). Denied
4707/31/2003 MANDATE
4808/07/2003 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
4908/01/2008 EXPUNGED - Nonpermanent record items destroyed

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