State v. Causer
State of North Dakota, Plaintiff and Appellee
Dana Causer, Defendant and Appellant
Northeast Judicial District,
Judge John C. McClintock, Jr.
|Nature of Action:||Sexual Offense|
|Term:||12/2003  Argument: 12/08/2003 2:45pm|
|ND cite:||2004 ND 75|
678 N.W.2d 552
Listen to recording of oral argument in MP3 format
Appellant's Statement of the Issues:|
I. Whether Causer Was Denied Due Process When Probation and Parole Failed to Serve Him with Proper Notice.
II. Whether Causer Was Denied Effective Assistance of Counsel.
III. Whether the States Attorney Abused Causer's Right to Counsel.
IV. Whether Causer Was Properly Notified of His Right to Appeal.
V. Whether Causer Was Denied Counsel on Appeal.
VI. A) Whether the Court Erred in Revoking Causer's Probation for Refusing to Answer the Door of His Residence When Police and Probation Were Knocking.
B) Whether the Evidence Obtained Were the Fruits of an Illegal Entry of Causer's Residence.
VII. Whether the Court Erred in Revoking Causer's Probation for Allegedly Possessing Alcohol.
VIII. Whether the Court Erred in Revoking Causer's Probation for an Alleged Violation of a Restraining Order.
IX. A) Whether the "Dangerous Weapons" Clause of Causer's Rules of Probation Was Too Broad.
X. Whether the Court Erred in Revoking Causer's Probation for a Lapse in Court Ordered Treatment.
XI. Whether the State Proved That Causer Consumed Methamphetamine and Not the Over-the-counter Drug Known as "Sudafed."
XII. Whether the Case at Bar Is Based on Passions and Prejudices Rather than Facts.
XIII. Whether the Court Erred in Finding Causer a Danger to Society and Sending Him to Prison.
XIV. Whether Ordering Probation after Punishment Illegal.
Appellee's Statement of the Issues:
I. The Defendant was not Denied Due Process
II. The Defendant was not Denied Due Assistance of Counsel
III. No One Abused the Defendant's Right Right to Counsel
IV. Whether the Defendant was Notified of His Right to Appeal
V. Whether the Defendant was Denied Counsel on Appeal
VI.(a) The Court Properly Revoked the Defendant's Probation for Refusing to Answer the Door to Probation Officer
(b) Whether the Evidence Obtained in Violation of Law
VII. Whether the Court Properly Revoked the Defendant's Probation for Illegally Possession Alcohol
VIII. Whether the Court Properly Revoked the Defendant's Probation for Violating the Restraining Order
IX. Whether the Dangerous Weapons Clause of the Defendant's Probation was Overly Broad
X. Whether the Court Properly Revoked the Defendant's Probation for Failing Court Ordered Treatment
XI. Whether the Court Properly Revoked the Defendant's Probation for Using Methamphetamine
XII. Whether the Court Revoked the Defendant's Probation Based Upon Fact
XIII. Whether the Court Properly sent the Defendant to Prison
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|1||04/24/2003||NOTICE OF APPEAL: 04/22/2003|
|2||05/22/2003||RECORD ON APPEAL (Not rec'd: #154(Exh.1); 155(Exh.2); 156(Exh.3); 157(Exh.4); 158(Exh.5);|
|3||05/22/2003||159(Exh.6);160(Exh.7);161(Exh.8);162(Exh.9);163(Exh.10); & 164(Exh.11)|
|4||06/03/2003||MOT. EXT/TIME APPELLANT BRIEF with notice and affidavit in support|
|5||06/03/2003||ACTION BY CLERK. Granted: 07/01/2003|
|6||06/18/2003||Supplemental Clerk's Certificate dated 6-17-03 (Entry Nos. 169-172)|
|7||07/21/2003||TRANSCRIPT DATED April 11, 2003|
|8||07/21/2003||DISK - TRA of 4-11-03|
|9||08/27/2003||S.Ct. Not. of Dismissal/Failure to Proceed. RspDue: 09/08/2003|
|10||09/03/2003||NO ACTION TAKEN (MSN)|
|11||09/03/2003||MOT. EXT/TIME APPELLANT BRIEF|
|12||09/03/2003||ACTION BY CHIEF JUSTICE (MAT). Granted: 10/06/2003|
|13||09/05/2003||Supplemental Clerk's Certificate dated 9-3-03 (Entry Nos. 173-175)|
|15||10/06/2003||APPELLANT APPENDIX (returned in light of filing of Amended Appendix)|
|16||10/10/2003||DISK - ATB (e-mailed)|
|17||10/14/2003||Rec'd "original" of ATB|
|18||10/15/2003||SUPPLEMENTAL CLERK'S CERTIFICATE DATED 10-15-03 (Entry Nos. 176-178)|
|19||10/23/2003||AMENDED APPELLANT APPENDIX|
|21||10/28/2003||DISK - AEB|
|22||11/03/2003||MOTION FOR WAIVER OF ENTIRE OA (letter dated 10-31-03 from Dana Causer)|
|24||11/17/2003||DISK - RYB (emailed)|
|25||11/18/2003||Certificate of Service by Mail of RYB on Lonnie Olson (mailed November 15, 2003)|
|26||11/21/2003||ACTION BY SUPREME COURT (OA will not be waived). Denied|
|27||11/28/2003||Request for Waiver of Oral Argument on behalf of State|
|28||12/04/2003||Letter from Dana Causer indicating he does not want to waive oral argument.|
|29||12/04/2003||ACTION BY SUPREME COURT (OA will not be waived). Denied|
|30||12/08/2003||APPEARANCES: Dana Causer (accompanied by Craig Theurer NDSP); Lonnie Olson|
|31||12/08/2003||ARGUED: Causer; Olson (Vol. Y; Page 180)|
|32||12/08/2003||ORAL ARGUMENT WEBCAST|
|34||04/13/2004||UNANIMOUS OPINION: Neumann, William A.|
|35||04/14/2004||Judgment Mailed to Parties|
|37||08/09/2004||Notice the Petition for Writ of Certiorari has been filed with US Supreme Court|
|38||10/11/2004||Letter from Clerk of US Supreme Court William Suter re: pet/writ/certiorari is denied|
|39||05/07/2004||RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|
|40||08/23/2010||EXPUNGED - Nonpermanent record items destroyed|