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|
|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
|Add Docket 20030124 RSS|
|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)|
|14||10/06/2003 APPELLANT BRIEF|
|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|
|20||10/27/2003 APPELLEE BRIEF|
|21||10/28/2003 DISK - AEB|
|22||11/03/2003 MOTION FOR WAIVER OF ENTIRE OA (letter dated 10-31-03 from Dana Causer)|
|23||11/10/2003 REPLY BRIEF|
|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|
|33||04/13/2004 DISPOSITION: AFFIRMED|
|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|