State v. Murchison

20030328 State of North Dakota, Plaintiff and Appellee
v.
Kenneth Murchison, Defendant and Appellant

Appeal from: District Court, South Central Judicial District, Burleigh County
Judge Gail Hagerty
Nature of Action: Assault
Counsel:
Appellant: Wayne D. Goter
Appellee: Tyrone Jay Turner , Asst. State's Attorney
Term: 09/2004   Argument: 09/02/2004  Waived
ND cite: 2004 ND 193
NW cite: 687 N.W.2d 725


Issues: Appellant's Statement of the Issues:
I. Whether the Appellant was denied a fair trial because he was denied his right to the effective assistance of counsel.
II. Whether the Appellant was denied a fair trial because he was denied his right to a trial judge who was impartial and unbiased.

Appellee's Statement of the Issues:
1. Whether the Appellant was unfairly denied his right to legal counsel?
2. Whether the trial judge committed reversible error when she did not recuse herself as the presiding judge at Appellant's trial?

Add Docket 20030328 RSS Add Docket 20030328 RSS

Docket entries:
111/12/2003 NOTICE OF APPEAL: 11/04/2003
211/12/2003 ANNOUNCED DISQUALIFICATION: Sandstrom, Dale V.
311/26/2003 Acknowledgement of Order for Transcript
411/26/2003 RETENTION OF RECORD ON APPEAL: 01/07/2004
511/26/2003 ORDER FOR TRANSCRIPT: 11/18/2003
612/23/2003 TRANSCRIPTS DATED 9-19-03, 10/23/03, 10/30/03--Preliminary Hrg, & 10/30/03--Jury Trial (4 vols.)
712/23/2004 DISK - TRA's dated 9-19-03, 10-30-03, 10-30-03
812/31/2003 RECORD ON APPEAL (not received - court reporter steno notes)
901/30/2004 MOT. EXT/TIME APPELLANT BRIEF, w/Brief in Support
1001/30/2004 ACTION BY CLERK. Granted: 03/02/2004
1103/02/2004 MOT. EXT/TIME APPELLANT BRIEF
1203/02/2004 ACTION BY CHIEF JUSTICE (MAT). Granted: 04/01/2004
1303/22/2004 MOTION FOR Limited Remand
1403/22/2004 ACTION BY CLERK (Remand). Granted
1503/22/2004 ORDER OF REMAND
1604/01/2004 Notice of Appearance as Counsel - Wayne D. Goter for Murchison
1704/02/2004 MOT. EXT/TIME APPELLANT BRIEF (sua sponte)
1804/02/2004 ACTION BY CHIEF JUSTICE. Granted: 05/03/2004
1904/02/2004 Clerk's Supp. Cert. of ROA dated April 1, 2004 with entries 59-64 attached
2004/02/2004 (not received - entries 57-58 (court reporter notes))
2104/21/2004 Supplemental Clerk's Certificate dated 4-20-04 (Entry Nos. 65-69)
2205/03/2004 APPELLANT BRIEF
2305/03/2004 APPELLANT APPENDIX
2405/03/2004 DISK - ATB
2505/24/2004 TRANSCRIPT DATED AUGUST 15, 2003 (Ordered by Tyrone J. Turner, counsel for AE)
2605/24/2004 DISK - TRA of 8-15-04
2705/26/2004 TRANSCRIPT DATED October 23, 2003 (corrected)
2805/26/2004 DISK of tra dated 10-23-03
2906/01/2004 Supplemental Clerk's Certificate dated 5-26-04 (Entry Nos. 70-74)
3006/01/2004 APPELLEE BRIEF
3106/08/2004 Corrected Table of Cases, pages for AEB
3206/09/2004 DISK - corrected AEB
3308/19/2004 SITTING WITH THE COURT: Bohlman, Bruce E.
3408/27/2004 Faxed letter dated 8-27-04 from Wayne Goter re waiver of OA on behalf of AT
3508/27/2004 E-FILED MOTION
3608/30/2004 ACTION BY SUPREME COURT (OA waived on behalf of AT). Granted
3709/01/2004 S.CT. DETERMINED ORAL ARGUMENT NOT NECESSARY
3809/02/2004 APPEARANCES: submitted on briefs under NDRAppP 34(a)(2)
3909/02/2004 ARGUED: submitted on briefs under NDRAppP 34(a)(2) (Vol. Z; Page 14)
4010/15/2004 DISPOSITION: AFFIRMED
4110/15/2004 UNANIMOUS OPINION: Maring, Mary Muehlen
4210/18/2004 Judgment Mailed to Parties
4311/08/2004 MANDATE
4411/17/2004 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
4503/28/2011 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 07/22/2014