Greybull v. State

20040040 Danielle Greybull, Petitioner and Appellant
v.
State of North Dakota, Respondent and Appellee

Appeal from: District Court, South Central Judicial District, Burleigh County
Judge Thomas J. Schneider
Nature of Action: Post-Conviction Relief
Counsel:
Appellant: Todd A. Schwarz
Appellee: Cynthia Mae Feland , Asst. State's Attorney
Term: 05/2004   Argument: 05/12/2004  Waived
ND cite: 2004 ND 116
NW cite: 680 N.W.2d 254


Issues: Appellant's Statement of the Issues:
I. Whether the Apprendi Rule should be applied retroactively in light of the fact that the North Dakota legislature has not modified the special dangerous offender statute to come into compliance with this mandate
Ii. Whether the notice of intent to utilize the special dangerous offender classification was untimely filed in the instant case in light of the fact that the case had been continued on previous occasions and was finally filed within twenty days prior to the ultimate trial in this case.

Appellee's Statement of the Issues:
The trial court did not err in finding that Greybull was not entitled to a retroactive application of the United States Supreme Court's decision in Apprendi v. New Jersey, 530 U.S. 466 (2000).

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Docket entries:
102/03/2004 NOTICE OF APPEAL: 01/28/2004
202/25/2004 RECORD ON APPEAL
303/01/2004 Record in State v. Greybull (Burleigh Co. No. 96-K-01746), incl. Presentence Investigation,
403/01/2004 Instructions to the Jury; transcripts dated 6-24-96 (orig. & 1 copy); 2-04-97;4-14-97; 4-15-97;
503/01/2004 4-16-97; 6-23-97; & Def. Ex. 39-42 (Not rec'd were Clerk's Cert. No. 25 (State's Ex. 1); No. 30
603/01/2004 (Affidavit w/attachments-Def. Ex. 2); Def. Ex. 1 which is part of Cert. No. 31, and
703/01/2004 court reporter's notes)
803/04/2004 Records in Greybull v. State (Burleigh Co. Nos. 98-C-01964 and 99-C-01414)
903/08/2004 APPELLANT BRIEF
1003/08/2004 APPELLANT APPENDIX
1103/08/2004 DISK - ATB
1203/26/2004 MOT. EXT/TIME APPELLEE BRIEF
1303/26/2004 ACTION BY Chief Deputy CLERK. Granted: 04/19/2004
1404/12/2004 APPELLEE BRIEF
1504/12/2004 APPELLEE APPENDIX
1604/12/2004 DISK of aeb
1704/15/2004 Table of Contents for AEA
1804/23/2004 Letter dated April 23, 2004, from Ms. Feland requesting that oral argument to be rescheduled
1904/26/2004 ACTION BY SUPREME COURT - rescheduling denied. Denied
2004/28/2004 Letter dated April 28, 2004, from Mr. Schwarz requesting waiver of argument by Appellant
2104/28/2004 ACTION BY SUPREME COURT - waiver of Appellant's argument.. Granted
2205/10/2004 Request to waive OA on behalf of AE (Cynthia Feland unable to attend)
2305/10/2004 ACTION BY SUPREME COURT (OA waived on behalf of AE). Granted
2405/12/2004 APPEARANCES: submitted on brief
2505/12/2004 ARGUED: submitted on briefs (Vol. Y; Page 241)
2606/03/2004 DISPOSITION: AFFIRMED
2706/03/2004 UNANIMOUS OPINION: Kapsner, Carol Ronning
2806/08/2004 Judgment Mailed to Parties
2906/29/2004 MANDATE
3007/08/2004 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
3105/25/2011 EXPUNGED - Nonpermanent record items destroyed

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