State v. Noorlun
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| 20040329 |
State of North Dakota, Plaintiff and Appellee
v.
Lyle J. Noorlun, Defendant and Appellant
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| Appeal from: |
District Court,
East Central Judicial District,
Cass County
Judge Norman J. Backes |
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Nature of Action: |
Misc. Statutory Offense (Felony)
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| Counsel: |
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| Term: |
09/2005 Argument: 08/30/2005 01:30pm
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| ND cite: |
2005 ND 189
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| NW cite: |
705 N.W.2d 819
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| Issues: |
Appellant's Statement of the Issues:
I. The evidence was legally insufficient to sustain the convictions in that no rational factfinder could have found the essential element of jurisdiction beyond a reasonable doubt.
II. It was reversible error to admit letters into evidence over Noorlun's objection when there was no proof that letters purported to be Noorlun's were ever mailed, nor was there any direct proof that the letters were received by the person to whom
they were addressed.
III. It was reversible error to deny Noorlun's request for a jury instruction fully informing the jury on the law of renewals on notes, and not to include the language, "[A] note is renewed when a new note evidencing the same obligation is executed
and delivered by the maker to the holder of the old note."
IV. The evidence was legally insufficient to sustain the convictions in that no rational factfinder could have found the essential element of a promissory note beyond a reasonable doubt.
V. Six counts should be dismissed as a matter of law in that the preliminary examination occurred after the statute of limitations had run on those counts, and, as a matter of procedural law, the charging document, the Information, could not have
been properly filed until after the preliminary examination.
Appellee's Statement of the Issues:
I.Whether the jury could rationally find that the jurisdictional element was met.
II.Whether the Court had sufficient foundation to admit certain letters into evidence, over objection, when the recipient of the letter was not available to testify to receiving the letters.
III.Whether the Court made reversible error in denying Noorlun's request for a jury instruction regarding renewal of notes.
IV.Whether the jury had sufficient evidence to find the presence of a security.
V.Whether six of the charges satisfied statute of limitations requirements when the criminal information was filed within the statute of limitations and no objection was made.
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| 1 | | 11/19/2004 | |
NOTICE OF APPEAL: 11/18/2004 |
| 2 | | 12/07/2004 | |
ORDER FOR TRANSCRIPT: 12/03/2004 |
| 3 | | 12/10/2004 | |
Transcript dated September 24, 2004 (S. Randall) |
| 4 | | 12/10/2004 | |
DISK - TRA of 9-24-04 (E-mailed) |
| 5 | | 12/15/2004 | |
TRANSCRIPTS DATED 9-14-04 & 11-4-04 (2 vols.) (Kristen Erickson) |
| 6 | | 12/15/2004 | |
DISK - TRA (9/14/04 & 11/4/04) (e-mailed) |
| 7 | | 12/21/2004 | |
TRANSCRIPT DATED 3-25-04 & 9-16-04 |
| 8 | | 12/22/2004 | |
DISKs of TRAs dated 3-25-04 & 9-16-04 |
| 9 | | 12/27/2004 | |
Amended Certificate of Delivery of transcripts dated 3-25-04 and 9-16-04 |
| 10 | | 01/04/2005 | |
Letter from Lyle Noorlun dated 12-31-04 RE: new court appointed counsel is Mark Beauchene |
| 11 | | 01/05/2005 | |
TRANSCRIPTS DATED November 16 & 17, 2004 (2 volumes) |
| 12 | | 01/06/2005 | |
DISK - TRA (11/16&17/04) |
| 13 | | 01/17/2005 | |
RECORD ON APPEAL (1 volume; docket entries 14, 57, 59, 70, 81, 85 and 111 not received. |
| 14 | | 02/04/2005 | |
MOT. EXT/TIME APPELLANT BRIEF |
| 15 | | 02/04/2005 | |
ACTION BY CHIEF JUSTICE. Granted: 04/15/2005 |
| 16 | | 02/04/2005 | |
E-FILED MOTION (by fax) |
| 17 | | 02/07/2005 | |
Response to MAT, from Birch Burdick dtd 2-7-05 (Faxed) |
| 18 | | 03/31/2005 | |
MOT. EXT/TIME APPELLANT BRIEF (faxed) |
| 19 | | 03/31/2005 | |
E-FILED MOTION (Mot/Ext/ATB) |
| 20 | | 03/31/2005 | |
ACTION BY CHIEF JUSTICE. Granted: 05/15/2005 |
| 21 | | 03/31/2005 | |
Response to MAT from Birch Burdick dated 3-31-05 (faxed) |
| 22 | | 03/31/2005 | |
SUPPLEMENTAL CLERK'S CERTIFICATE OF APPEAL (ENTRIES 146 thru 161) |
| 23 | | 05/16/2005 | |
MOT. EXT/TIME APPELLANT BRIEF |
| 24 | | 05/16/2005 | |
E-FILED MOTION (MAT) |
| 25 | | 05/16/2005 | |
ACTION BY CHIEF JUSTICE. Granted: 05/19/2005 |
| 26 | | 05/16/2005 | |
Faxed letter dated May 16, 2005 from Birch Burdick - he has no objection to Motion for Ext of ATB |
| 27 | | 05/19/2005 | |
APPELLANT BRIEF |
| 28 | | 05/19/2005 | |
E-FILED BRIEF (ATB) |
| 29 | | 05/19/2005 | |
APPELLANT APPENDIX |
| 30 | | 05/19/2005 | |
E-FILED APPENDIX (ATA) |
| 31 | | 05/24/2005 | |
Payment of $25 fee for filing electronic ATB (Receipt #16183) |
| 32 | | 05/25/2005 | |
Copies of Appellant's Brief from Central Duplicating |
| 33 | | 05/25/2005 | |
Copies of Appellant's Appendix from Central Duplicating |
| 34 | | 06/15/2005 | |
MOT. EXT/TIME APPELLEE BRIEF (faxed) |
| 35 | | 06/15/2005 | |
E-FILED MOTION (MAE) |
| 36 | | 06/15/2005 | |
ACTION BY CLERK (MAE granted w/understanding OA will be heard in September). Granted: 07/01/2005 |
| 37 | | 07/01/2005 | |
APPELLEE BRIEF |
| 38 | | 07/01/2005 | |
E-FILED BRIEF (AEB) |
| 39 | | 07/07/2005 | |
Payment of $25 surcharge for filing of electronic AEB (Receipt #16227) |
| 40 | | 07/07/2005 | |
Copies of AEB made |
| 41 | | 07/15/2005 | |
MOT. EXT/TIME REPLY BRIEF |
| 42 | | 07/15/2005 | |
E-FILED MOTION (MRY) |
| 43 | | 07/15/2005 | |
ACTION BY CLERK (MRY). Granted: 07/29/2005 |
| 44 | | 07/29/2005 | |
REPLY BRIEF |
| 45 | | 07/29/2005 | |
E-FILED BRIEF (RYB) |
| 46 | | 08/01/2005 | |
Copies made of e-filed RYB |
| 47 | | 08/30/2005 | |
APPEARANCES: Chad R. McCabe; Birch P. Burdick |
| 48 | | 08/30/2005 | |
ARGUED: McCabe; Burdick |
| 49 | | 08/30/2005 | |
ORAL ARGUMENT WEBCAST |
| 50 | | 11/09/2005 | |
DISPOSITION: AFFIRMED |
| 51 | | 11/09/2005 | |
UNANIMOUS OPINION: VandeWalle, Gerald W. |
| 52 | | 11/10/2005 | |
Judgment Mailed to Parties |
| 53 | | 11/23/2005 | |
Mot. Ext/Time Petition for Rehearing (e-mail dated 11-23-05 frm Mr. Noorlun) |
| 54 | | 11/23/2005 | |
ACTION BY CLERK (MPR). Granted: 12/12/2005 |
| 55 | | 12/12/2005 | |
PETITION FOR REHEARING |
| 56 | | 12/12/2005 | |
E-FILED BRIEF - PER |
| 57 | | 12/20/2005 | |
ACTION BY SUPREME COURT. Denied |
| 58 | | 01/03/2006 | |
MANDATE |
| 59 | | 01/06/2006 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 60 | | 04/18/2006 | |
Notice of Filing Petition for Writ of Certiorari to U.S. Supreme Court |
| 61 | | 06/19/2006 | |
Letter from U.S. Supreme Court, Denying Petition for Writ of Certiorari. |
| 62 | | 05/14/2012 | |
EXPUNGED - Nonpermanent record items destroyed |