State v. Causer

20030124 State of North Dakota, Plaintiff and Appellee
v.
Dana Causer, Defendant and Appellant

Appeal from: District Court, Northeast Judicial District, Ramsey County
Judge John C. McClintock, Jr.
Nature of Action: Sexual Offense
Counsel:
Appellant: Pro se
Appellee: Lonnie Olson , State's Attorney
Term: 12/2003   Argument: 12/08/2003  2:45pm
ND cite: 2004 ND 75
NW cite: 678 N.W.2d 552

Listen to recording of oral argument in MP3 format

Issues: 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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Docket entries:
104/24/2003 NOTICE OF APPEAL: 04/22/2003
205/22/2003 RECORD ON APPEAL (Not rec'd: #154(Exh.1); 155(Exh.2); 156(Exh.3); 157(Exh.4); 158(Exh.5);
305/22/2003 159(Exh.6);160(Exh.7);161(Exh.8);162(Exh.9);163(Exh.10); & 164(Exh.11)
406/03/2003 MOT. EXT/TIME APPELLANT BRIEF with notice and affidavit in support
506/03/2003 ACTION BY CLERK. Granted: 07/01/2003
606/18/2003 Supplemental Clerk's Certificate dated 6-17-03 (Entry Nos. 169-172)
707/21/2003 TRANSCRIPT DATED April 11, 2003
807/21/2003 DISK - TRA of 4-11-03
908/27/2003 S.Ct. Not. of Dismissal/Failure to Proceed. RspDue: 09/08/2003
1009/03/2003 NO ACTION TAKEN (MSN)
1109/03/2003 MOT. EXT/TIME APPELLANT BRIEF
1209/03/2003 ACTION BY CHIEF JUSTICE (MAT). Granted: 10/06/2003
1309/05/2003 Supplemental Clerk's Certificate dated 9-3-03 (Entry Nos. 173-175)
1410/06/2003 APPELLANT BRIEF
1510/06/2003 APPELLANT APPENDIX (returned in light of filing of Amended Appendix)
1610/10/2003 DISK - ATB (e-mailed)
1710/14/2003 Rec'd "original" of ATB
1810/15/2003 SUPPLEMENTAL CLERK'S CERTIFICATE DATED 10-15-03 (Entry Nos. 176-178)
1910/23/2003 AMENDED APPELLANT APPENDIX
2010/27/2003 APPELLEE BRIEF
2110/28/2003 DISK - AEB
2211/03/2003 MOTION FOR WAIVER OF ENTIRE OA (letter dated 10-31-03 from Dana Causer)
2311/10/2003 REPLY BRIEF
2411/17/2003 DISK - RYB (emailed)
2511/18/2003 Certificate of Service by Mail of RYB on Lonnie Olson (mailed November 15, 2003)
2611/21/2003 ACTION BY SUPREME COURT (OA will not be waived). Denied
2711/28/2003 Request for Waiver of Oral Argument on behalf of State
2812/04/2003 Letter from Dana Causer indicating he does not want to waive oral argument.
2912/04/2003 ACTION BY SUPREME COURT (OA will not be waived). Denied
3012/08/2003 APPEARANCES: Dana Causer (accompanied by Craig Theurer NDSP); Lonnie Olson
3112/08/2003 ARGUED: Causer; Olson (Vol. Y; Page 180)
3212/08/2003 ORAL ARGUMENT WEBCAST
3304/13/2004 DISPOSITION: AFFIRMED
3404/13/2004 UNANIMOUS OPINION: Neumann, William A.
3504/14/2004 Judgment Mailed to Parties
3605/05/2004 MANDATE
3708/09/2004 Notice the Petition for Writ of Certiorari has been filed with US Supreme Court
3810/11/2004 Letter from Clerk of US Supreme Court William Suter re: pet/writ/certiorari is denied
3905/07/2004 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
4008/23/2010 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 10/24/2014