State v. Darby

20070092 State of North Dakota, Plaintiff and Appellee
v.
Vonnie Darin Darby, Defendant and Appellant
Appeal from: District Court, East Central Judicial District, Cass County
Judge Steven E. McCullough
Nature of Action: Theft
Counsel:
Appellant: David Neil Ogren
Appellee: Kara Schmitz Olson , Asst. State's Attorney
Term: 03/2008   Argument: 03/03/2008  10:45am
ND cite: 2008 ND 43
NW cite: 747 N.W.2d 136

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Issues: Appellant's Statement of the Issues:
I. Did the trial court obviously error in not instructing the jury that Detective Cruff's testimony exceeded his ability to testify when the state asked, "detective based on your investigation is there any doubt in your mind that Mr. Darby committed the crime?" and the detective answered no?
II. Did the trial court error, as a matter of law, in ruling that the jail law library was adequate for Mr. Darby's needs in preparing his defense after he elected to proceed pro se when the pattern jury instructions were not made available to Mr. Darby prior to trial?
III. Did the trial court obviously error in sentencing Mr. Darby when the court subjected Mr. Darby to multiple punishments for the same offense?

Appellee's Statement of the Issues:
I.Whether the trial court afforded Darby a fair trial.
A.Whether allowing Detective Cruff to testify he believed Darby committed the crime was obvious error by the trial court.
B.Whether the trial court appropriately allowed Darby to access the jail library and to request any additional legal sources.
II. Whether the trial court appropriately sentenced Darby for the crimes of burglary and simple assault and did not infringe upon his right against double jeopardy.

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Docket entries:
103/29/2007 NOTICE OF APPEAL: 03/22/2007
203/29/2007 ORDER FOR TRANSCRIPT: 03/22/2007
304/09/2007 TRANSCRIPT DATED November 30, 2006 (copy - original is part of ROA & will be sent with ROA)
404/09/2007 DISK of tra dated 11-30-06 (e-mailed)
504/11/2007 Certificate of Service for transcript
604/17/2007 RECORD ON APPEAL (3 Volumes) w/Separates (Entry Nos. 45, 60, 61, 104, & 159).
704/17/2007 Not rec'd w/ROA were Entry Nos. 4, 10, 62, 160, & 195.
805/03/2007 Transcript dated October 4, 2006
905/03/2007 DISK - tra (10-4-06) (e-mailed)
1005/04/2007 Certificate of Service of Copies of Transcript dated 10-4-06
1105/09/2007 Copy of Transcript dated 10-11-06 (Original is Entry No. 45 of the ROA)
1205/09/2007 DISK - tra (10-11-06 (E-mailed)
1305/11/2007 Certificate of Service of the 10-11-06 transcript on parties
1406/27/2007 TRANSCRIPTS DATED April 9, 2007, and May 7, 2007
1506/27/2007 DISK - TRAs of April 9 and May 7, 2007
1607/06/2007 Amended Request for Order of Transcripts
1707/06/2007 MOT. EXT/TIME TRANSCRIPT (sua sponte)
1807/06/2007 ACTION BY CLERK (MTR/sua sponte). Granted: 08/31/2007
1907/06/2007 RETURN OF ROA TO DIST. CT.: 08/07/2007
2008/30/2007 MOT. EXT/TIME TRANSCRIPT
2108/31/2007 ACTION BY CLERK (MTR). Granted: 09/18/2007
2209/07/2007 Re-filed RECORD ON APPEAL (3 Volumes) w/Separates (Entry Nos. 45, 60, 61, 104, 159, 218 & 219).
2309/07/2007 Not rec'd w/ROA were Entry Nos. 4, 10, 62, 160, 195, 202, & 231.
2409/18/2007 TRANSCRIPTS DATED March 13 - 15, 2007 (3 Volumes), February 21, 2007, and July 13, 2007
2509/19/2007 DISK - Transcripts dated March 13-15 & Feb 21 & July 13, 2007 (e-mailed)
2609/19/2007 TRANSCRIPT DATED 08/27/2007
2709/19/2007 DISK - tra (8-27-07)(e-mailed)
2809/20/2007 Certificate of Service of Transcripts dated 2-21-07, 3-13-07 to 3-15-07, 7-13-07 & 8-27-07
2909/20/2007 Reset due date of TRA due to late mailing of Tran. dated 8-27-07
3009/20/2007 ACTION BY CLERK. Granted: 09/19/2007
3110/17/2007 MOT. EXT/TIME APPELLANT BRIEF
3210/17/2007 ACTION BY CLERK (MAT). Granted: 11/19/2007
3311/13/2007 APPELLANT BRIEF (withdrawn - destroy when mandate is issued)
3411/13/2007 APPELLANT APPENDIX (withdrawn - destroy when mandate is issued)
3511/13/2007 Addendum to Appellant Brief (Attached to Appellant Brief) (withdrawn)
3611/26/2007 Petition for Newly Appointed AT Counsel (treated as Mot. for Withdrawal of court-appointed counsel
3711/26/2007 and withdrawal of Appellant's Brief and Appendix)
3811/26/2007 ACTION BY CHIEF JUSTICE (Court will permit the withdrawal of counsel and ATB/APP). Granted
3911/26/2007 Reset due date of Appellant's Brief due to Mr. Darby's request for withdrawal of counsel
4011/26/2007 ACTION BY CHIEF JUSTICE (reset due date for ATB). Granted: 01/15/2008
4112/12/2007 SUPPLEMENTAL CLERK'S CERTIFICATE OF RECORD (Entries 237 thru 244) Not sent was No. 238 Steno Notes
4212/18/2007 Petition for Writ of Mandamus
4312/19/2007 ACTION BY SUPREME COURT (Writ of Mandamus). Denied
4412/26/2007 Request for Reconsideration of the denial of the Writ of Mandamus
4501/02/2008 ACTION BY SUPREME COURT (court adheres to its previous action). Denied
4601/15/2008 APPELLANT BRIEF (E-filed) (replacement ATB)
4701/15/2008 E-FILED BRIEF (ATB)
4801/15/2008 APPELLANT APPENDIX (e-filed)
4901/15/2008 E-FILED APPENDIX (ATA)
5001/15/2008 Affidavit of Service by E-Mail of ATB on Ms. Olson
5101/18/2008 Received 7 copies of ATB from Central Duplicating
5201/18/2008 Received 6 copies of ATA from Central Duplicating
5301/30/2008 Payment for $25 surcharge through inter-departmental billing; journal entry 587694
5402/11/2008 2nd Supplemental Clerk's Certificate dated 2-7-08 (Entry Nos. 246-253)(Not rec'd: #246--Receipt)
5502/13/2008 APPELLEE BRIEF (electronic)
5602/13/2008 E-FILED BRIEF (AEB)
5702/13/2008 APPELLEE APPENDIX (faxed)
5802/13/2008 E-FILED APPENDIX (AEA)
5902/19/2008 Received $25 e-filing surcharge for AEB (Receipt #18019)
6002/21/2008 Received 7 copies of AEB from Central Duplicating.
6102/21/2008 Received 6 copies of AEA from Central Duplicating.
6203/03/2008 APPEARANCES: David N. Ogren; Kara Schmitz Olson
6303/03/2008 ARGUED: Ogren; Olson
6403/03/2008 ORAL ARGUMENT WEBCAST
6503/05/2008 Letter dated 3-04-08 from Ms. Olson clarifying a response given at oral argument
6603/20/2008 DISPOSITION: AFFIRMED BY SUMMARY DISP.
6703/20/2008 UNANIMOUS OPINION: Per Curiam
6803/24/2008 Judgment E-mailed to Parties
6903/27/2008 Letter from US Supreme Court re petition for writ of certiorari filed
7004/11/2008 MANDATE
7104/15/2008 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 12/01/2008