Noorlun v. State

20070009 Lyle J. Noorlun, Petitioner and Appellant
v.
State of North Dakota, Respondent and Appellee

Appeal from: District Court, East Central Judicial District, Cass County
Judge Steven E. McCullough
Nature of Action: Post-Conviction Relief
Counsel:
Appellant: Pro se
Appellee: Birch Peterson Burdick , State's Attorney
Term: 06/2007   Argument: 06/18/2007  2:45pm
ND cite: 2007 ND 118
NW cite: 736 N.W.2d 477

Listen to recording of oral argument in MP3 format

Issues: 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.

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Docket entries:
101/11/2007 NOTICE OF APPEAL: 01/09/2007
201/11/2007 ORDER FOR TRANSCRIPT: 01/09/2007
301/25/2007 Ltr. (fax) from Mr. Noorlun stating Mr. Mertz is no longer his counsel. Mr. Noorlun is now pro se.
402/05/2007 TRANSCRIPT DATED September 13, 2006
502/06/2007 DISK - tra (9-13-06) (e-mailed)
602/07/2007 RECORD ON APPEAL and separates #41 & #42. Not received was #24 (tape)
702/09/2007 Record on Appeal case no. 03-K-04290, (3 vols.), Exhibits, & Transcripts (10)
802/09/2007 Not rec'd #111-State's Exh. 33,Certificate 12-12-03, 14,59,&85(Steno Notes); 57,70,81,&159(Tapes)
902/12/2007 MOTION to consolidate with 20070014
1002/12/2007 E-FILED MOTION (to consolidate)
1102/14/2007 NO ACTION TAKEN (motion to consolidate/no. 20060014 is dismissed)
1202/22/2007 Motion for Ruling/Dismissal regarding post conviction judgment by default & affidavit of no answer
1302/22/2007 E-FILED MOTION (Motion for Ruling/Dismissal regarding post conviction judgment & affidavit)
1402/23/2007 NO ACTION TAKEN(Mot. for Ruling/Dismissal regarding post conviction judgment by default & affidavit
1502/28/2007 Supplemental Clerk's Certificate of Record dated February 26, 2007 (Entry Nos. 52-57).
1603/11/2007 Appellant Brief
1704/02/2007 APPELLANT BRIEF (corrected)
1804/02/2007 APPELLANT APPENDIX
1904/04/2007 DISK - ATB (CD)
2004/05/2007 MOTION for Modified Briefing Schedule
2104/05/2007 NO ACTION TAKEN (Mot for Modified Briefing Schedule)
2204/05/2007 E-FILED MOTION (by facsimile)
2305/07/2007 APPELLEE BRIEF
2405/07/2007 E-FILED BRIEF (AEB)
2505/10/2007 Received efiling surcharge for AEB; receipt no. 17381
2605/14/2007 Received 7 copies of AEB from Central Duplicating
2706/18/2007 APPEARANCES: submitted under N.D.R.App.P. 34(e) for AT; Birch P. Burdick, State's Attorney
2806/18/2007 ARGUED: submitted under N.D.R.App.P. 34(e) for AT; Burdick
2906/18/2007 ORAL ARGUMENT WEBCAST
3007/25/2007 DISPOSITION: AFFIRMED
3107/25/2007 UNANIMOUS OPINION: Maring, Mary Muehlen
3207/25/2007 Judgment Mailed to Parties
3308/16/2007 MANDATE
3408/24/2007 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 11/19/2014