State v. Overby
|
| 20070054 |
State of North Dakota, Plaintiff and Appellee
v.
Kelly Overby, Defendant and Appellant
|
| Appeal from: |
District Court,
Southeast Judicial District,
Stutsman County
Judge Mikal Simonson |
|
Nature of Action: |
Drugs/Contraband
|
| Counsel: |
|
| Term: |
09/2007 Argument: 09/05/2007 10:45am
|
| ND cite: |
2007 ND 158
|
| NW cite: |
742 N.W.2d 839
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
|
|
|
| Issues: |
Appellant's Statement of the Issues:
I. Appellant has Right of Appeal to the Supreme Court.
II. Standard of Review of a Trial Court's Disposition on a Revocation of Probation.
III. The District Court was Clearly Erroneous in its Findings of Violations of Probation.
IV.The District Court Abused its Discretion and Acted in an Arbitrary, Unreasonable, Unconscionable, or Capricious Manner by Revoking Probation.
Appellee's Statement of the Issues:
I.Whether the trial court acted properly when it found Overby violated conditions of probation.
II.Whether the trial court acted properly when it revoked Overby's probation.
|
|
 Add Docket 20070054 RSS
|
| 1 | | 02/21/2007 | |
NOTICE OF APPEAL: 02/15/2007 |
| 2 | | 02/21/2007 | |
ORDER FOR TRANSCRIPT (Part of NOA): 02/15/2007 |
| 3 | | 02/28/2007 | |
Cy of ltr fm Brenda Richards, Court Reporter acknowledging OTR & request for payment |
| 4 | | 03/21/2007 | |
RECORD ON APPEAL |
| 5 | | 04/03/2007 | |
TRANSCRIPT DATED NOVEMBER 20, 2001 |
| 6 | | 04/09/2007 | |
MOTION FOR Preparation of Transcripts and Extension of Time For Filing of Transcripts, Notice of |
| 7 | | 04/09/2007 | |
Motion and Brief |
| 8 | | 04/09/2007 | |
Transcript and briefing schedule stayed until Court rules on Motion |
| 9 | | 04/10/2007 | |
DISK - transcript dated November 20, 2001 (emailed) |
| 10 | | 04/11/2007 | |
ACTION BY SUPREME COURT (the trial court is directed to have the 1-22-07 transcript prepared as the. Granted |
| 11 | | 04/11/2007 | |
the business of the Court) |
| 12 | | 04/11/2007 | |
MOT. EXT/TIME TRANSCRIPT (see Motion) |
| 13 | | 04/11/2007 | |
ACTION BY SUPREME COURT. Granted: 05/16/2007 |
| 14 | | 04/16/2007 | |
TRANSCRIPT DATED January 22, 2007 |
| 15 | | 04/16/2007 | |
DISK - TRA 1-22-07 (e-Mailed) |
| 16 | | 04/13/2007 | |
Clerk's Supplemental Certificate of Record dated April 12, 2007 (Entry Nos. 41-44). |
| 17 | | 05/22/2007 | |
APPELLANT BRIEF |
| 18 | | 05/22/2007 | |
APPELLANT APPENDIX |
| 19 | | 05/30/2007 | |
Corrected Table of Authorities and pages of ATB |
| 20 | | 05/30/2007 | |
DISK - ATB (e-filed) |
| 21 | | 06/22/2007 | |
Received $25 surcharge for ATB (Receipt #17596) |
| 22 | | 06/20/2007 | |
APPELLEE BRIEF (e-filed) |
| 23 | | 06/20/2007 | |
E-FILED BRIEF (AEB) |
| 24 | | 06/26/2007 | |
Received 7 copies of AEB from central duplicating |
| 25 | | 09/05/2007 | |
APPEARANCES: Scott R. Sandness; Frederick R. "Fritz" Fremgen |
| 26 | | 09/05/2007 | |
ARGUED: Sandness; Fremgen |
| 27 | | 09/05/2007 | |
ORAL ARGUMENT WEBCAST |
| 28 | | 10/16/2007 | |
DISPOSITION: AFFIRMED BY SUMMARY DISP. |
| 29 | | 10/16/2007 | |
UNANIMOUS OPINION: Per Curiam |
| 30 | | 10/17/2007 | |
Judgment e-mailed to Parties |
| 31 | | 11/13/2007 | |
MANDATE |
| 32 | | 11/15/2007 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |