Noorlun v. State
Lyle J. Noorlun, Petitioner and Appellant
State of North Dakota, Respondent and Appellee
East Central Judicial District,
Judge Steven E. McCullough
|Nature of Action:||Post-Conviction Relief|
|Term:||06/2007  Argument: 06/18/2007|
|ND cite:||2007 ND 118|
736 N.W.2d 477
Listen to recording of oral argument in MP3 format
Appellant's Statement of the Issues:|
1. Were Appellants' rights violated according to the Sixth Amendment to the United States Constitution and/or Sec 13; ND Constitution "to a speedy and public trial".
2. Were Appellant's rights violated according to the Fifth Amendment to the United States and/or Article Sec 13: ND Constitution when he was" twice put in jeopardy for the same offense".
3. Where Appellant rights violated according to the Eights Amendment to the United States Constitution and/or ND Constitution Sec 15 "No person shall be imprisoned for debt unless upon refusal to deliver up his estate for benefit of his creditors."
4. Were Appellant rights violated according to the Sixth Amendment to the United States Constitution, or Article I. Section 12 of the North Dakota Constitution, due to ineffective assistance of counsel?
5. Were Appellant's rights violated according to the Eighth Amendment to the US Constitution and/or due to denial of Restitution hearing and excessive fines imposed of which was required by statue or on his appeal.
Appellee's Statement of the Issues:
I. Whether Noorlun's right to a speedy trial was satisfied when the trial took place within nine months and Noorlun requested and/or concurred with an extended schedule.
II. Whether Noorlun was placed in double jeopardy when a prior federal indictment with different charges but some similar evidence was dismissed before going to trial.
III. Whether Noorlun was unconstitutionally imprisoned for failure to pay a debt when he was convicted of violating the North Dakota securities statutes, not for failure to pay a debt.
IV. Whether the District Court erred in denying Noorlun's claim of ineffective assistance of counsel.
V. Whether Noorlun should be granted a restitution hearing.
|Add Docket 20070009 RSS|
|1||01/11/2007 NOTICE OF APPEAL: 01/09/2007|
|2||01/11/2007 ORDER FOR TRANSCRIPT: 01/09/2007|
|3||01/25/2007 Ltr. (fax) from Mr. Noorlun stating Mr. Mertz is no longer his counsel. Mr. Noorlun is now pro se.|
|4||02/05/2007 TRANSCRIPT DATED September 13, 2006|
|5||02/06/2007 DISK - tra (9-13-06) (e-mailed)|
|6||02/07/2007 RECORD ON APPEAL and separates #41 & #42. Not received was #24 (tape)|
|7||02/09/2007 Record on Appeal case no. 03-K-04290, (3 vols.), Exhibits, & Transcripts (10)|
|8||02/09/2007 Not rec'd #111-State's Exh. 33,Certificate 12-12-03, 14,59,&85(Steno Notes); 57,70,81,&159(Tapes)|
|9||02/12/2007 MOTION to consolidate with 20070014|
|10||02/12/2007 E-FILED MOTION (to consolidate)|
|11||02/14/2007 NO ACTION TAKEN (motion to consolidate/no. 20060014 is dismissed)|
|12||02/22/2007 Motion for Ruling/Dismissal regarding post conviction judgment by default & affidavit of no answer|
|13||02/22/2007 E-FILED MOTION (Motion for Ruling/Dismissal regarding post conviction judgment & affidavit)|
|14||02/23/2007 NO ACTION TAKEN(Mot. for Ruling/Dismissal regarding post conviction judgment by default & affidavit|
|15||02/28/2007 Supplemental Clerk's Certificate of Record dated February 26, 2007 (Entry Nos. 52-57).|
|16||03/11/2007 Appellant Brief|
|17||04/02/2007 APPELLANT BRIEF (corrected)|
|18||04/02/2007 APPELLANT APPENDIX|
|19||04/04/2007 DISK - ATB (CD)|
|20||04/05/2007 MOTION for Modified Briefing Schedule|
|21||04/05/2007 NO ACTION TAKEN (Mot for Modified Briefing Schedule)|
|22||04/05/2007 E-FILED MOTION (by facsimile)|
|23||05/07/2007 APPELLEE BRIEF|
|24||05/07/2007 E-FILED BRIEF (AEB)|
|25||05/10/2007 Received efiling surcharge for AEB; receipt no. 17381|
|26||05/14/2007 Received 7 copies of AEB from Central Duplicating|
|27||06/18/2007 APPEARANCES: submitted under N.D.R.App.P. 34(e) for AT; Birch P. Burdick, State's Attorney|
|28||06/18/2007 ARGUED: submitted under N.D.R.App.P. 34(e) for AT; Burdick|
|29||06/18/2007 ORAL ARGUMENT WEBCAST|
|30||07/25/2007 DISPOSITION: AFFIRMED|
|31||07/25/2007 UNANIMOUS OPINION: Maring, Mary Muehlen|
|32||07/25/2007 Judgment Mailed to Parties|
|34||08/24/2007 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|