State v. Holbach

20060297 State of North Dakota, Plaintiff and Appellee
v.
Mitchell David Holbach, Defendant and Appellant

Appeal from: District Court, Northwest Judicial District, Ward County
Judge Gary H. Lee
Nature of Action: Misc. Statutory Off. (Misdemeanor)
Counsel:
Appellant: Kent M. Morrow
Appellee: Timothy C. Wilhelm , Asst. State's Attorney
Term: 06/2007   Argument: 06/18/2007  10:45am
ND cite: 2007 ND 114
NW cite: 735 N.W.2d 862

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
1. Did the trial court commit reversible error when it concluded that Holbach had made a voluntary and intelligent waiver of right to counsel?

Appellant's Supplemental Brief Issues

1. Did the trial court err when it issued the Order Partially Revoking Probation?
2. Did the trial court err in its Order on motions?

Appellee's Statement of the Issues:
I. The trial court did not commit reversible error when it concluded that Holbach had made a voluntary, knowing and intelligent waiver of his right to counsel.
II. The trial court did not error issuing an order partially revoking Holbach's probation based upon testimony and evidence received at the revocation hearing of October 16, 2006.
III. The trial court did not error in denying Holbach's motion to withdraw his guilty plea, motion for new counsel, and motion for continuance of the revocation hearing.

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Docket entries:
110/26/2006 NOTICE OF APPEAL: 10/17/2006
210/26/2006 ORDER FOR TRANSCRIPT: 10/18/2006
310/26/2006 SECOND NOTICE OF APPEAL FILED IN THE TRIAL COURT 10-24-2006
410/27/2006 RETENTION OF RECORD ON APPEAL: 01/07/2007
511/28/2006 TRANSCRIPT DATED 9-18-2006 (original)
611/28/2006 DISK - tra (9-18-06) (e-filed)
712/04/2006 Affidavit of Service of mailing of Transcript on Benjamin C. Pulkrabek
812/07/2006 TRANSCRIPT DATED OCTOBER 13, 2006
912/07/2006 DISK - tra (10-13-2006)
1012/08/2006 MOTION to Withdraw as Counsel, Affidavit and attachments. RspDue: 12/19/2006
1112/12/2006 Response from Mitchell Holbach to Motion to Withdraw as Counsel
1212/13/2006 Response Filed by Robert Martin, ND Public Defenders' Office to Motion to Withdraw as Counsel
1312/14/2006 Letter dated December 12, 2006, from Mitchell Holbach regarding Motion to Withdraw
1412/20/2006 ACTION BY SUPREME COURT (Mot/Withdraw). Granted
1512/20/2006 ORDER OF REMAND (sua sponte to consider waiver of counsel)
1612/20/2006 Order Mailed to Holbach, Pulkrabek, Martin, Van Grinsven, Trial Court, Clerk
1701/16/2007 Notice of Appearance of Kent M. Morrow for AT
1801/16/2007 MOT. EXT/TIME APPELLANT BRIEF
1901/16/2007 ACTION BY CHIEF DEPUTY CLERK (MAT). Granted: 02/15/2007
2001/16/2007 E-FILED MOTION (MAT)
2101/26/2007 Third Notice of Appeal filed in the trial court on January 24, 2007
2202/05/2007 RECORD ON APPEAL (2 vols.) & separate #75 (State's Exhibit 2)
2302/05/2007 Supplemental Clerk's Certificate dated 2-2-07 (Entry Nos. 190 & 191)
2402/06/2007 APPELLANT BRIEF
2502/06/2007 APPELLANT APPENDIX
2602/06/2007 DISK - ATB (e-mailed)
2702/07/2007 Supplemental Clerk's Certificate of Record on Appeal dated 2-7-07 with entries 192-196 attached
2802/07/2007 Fourth Notice of Appeal filed in the trial court on February 6, 2007
2902/07/2007 ORDER FOR TRANSCRIPT Motion for New Trial Hearing on January 26, 2007: 02/06/2007
3002/07/2007 Receipt signed by Renee Hermanson that she has received a copy of the order for transcript
3102/08/2007 Copy of Acknowledgment of Order for Transcript sent to Kent Morrow
3202/14/2007 TRANSCRIPT DATED January 26, 2007
3302/15/2007 DISK-tra(1/26/2007) emailed
3403/13/2007 MOT. EXT/TIME APPELLANT BRIEF (Supplemental Appellant's Brief and Appendix)
3503/13/2007 ACTION BY CHIEF JUSTICE. Granted: 04/01/2007
3603/19/2007 MOTION FOR Order to Show Cause and Set Date for Hearing (faxed by trial court clerk)
3703/20/2007 Original Motion for Order to Show Cause and Set Date for Hearing
3803/21/2007 ACTION BY SUPREME COURT (Motion for Order to Show Cause and Set Date for Hearing). Denied
3903/21/2007 Order Mailed to Parties
4003/30/2007 Clerk's Supp. Cert. of Record on Appeal dated March 29, 2007, with entries 197-212 attached
4104/10/2007 Appellant's Supplemental Brief
4204/10/2007 Appellant's Supplemental Appendix
4304/10/2007 DISK - Appellant's Supplemental Brief (emailed)
4404/12/2007 Received copies of Order dated 1-22-07 for Supplemental ATA
4504/13/2007 RETURN OF ROA TO DIST. CT.: 06/01/2007
4604/19/2007 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
4705/08/2007 MOT. EXT/TIME APPELLEE BRIEF
4805/08/2007 ACTION BY Chief Deputy Clerk. Granted: 05/15/2007
4905/14/2007 APPELLEE BRIEF
5005/21/2007 Re-filed ROA (2 Vols.) w/Sep. (Entry Nos. 74,75,228 & 229). Not Rec'd (Entry Nos.104,105 & 108)
5105/21/2007 Corrected TOA & pages 5, 6, 7, 8, & 9 for AEB
5205/21/2007 DISK - aeb
5305/23/2007 Corrected pages 10, 11, 12, 13, 14, & 15 for AEB
5406/18/2007 APPEARANCES: Kent M. Morrow; Timothy C. Wilhelm
5506/18/2007 ARGUED: Kent M. Morrow; Timothy C. Wilhelm
5606/18/2007 ORAL ARGUMENT WEBCAST
5707/25/2007 DISPOSITION: AFFIRMED
5807/25/2007 UNANIMOUS OPINION: Kapsner, Carol Ronning
5907/26/2007 Judgment e-mailed to Parties
6008/16/2007 MANDATE
6108/20/2007 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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