State v. Torkelsen
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| 20070140 |
State of North Dakota, Plaintiff and Appellee
v.
Steven Arthur Torkelsen, Defendant and Appellant
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| Appeal from: |
District Court,
Northeast Judicial District,
Towner County
Judge Lee A. Christofferson |
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Nature of Action: |
Homicide
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| Counsel: |
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| Term: |
01/2008 Argument: 01/04/2008 01:30pm
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| ND cite: |
2008 ND 141
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| NW cite: |
752 N.W.2d 640
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| Issues: |
Appellant's Statement of the Issues:
I. Whether the court erred by denying Torkelsen's request to act as his own counsel.
II. The trial court erred by admitting evidence that had been obtained in violation of Torkelsen's Fourth Amendment Rights.
a. Statements made by Steve Torkelsen, and evidence discovered as a result of the statements made by Steve Torkelsen should be suppressed.
b. Steve Torkelsen's consent to be interviewed, and consent to search his camper does not sufficiently purge the taint of the initial illegal search.
c. Evidence discovered during the nighttime search of Art and Leona Torkelsen's home should be suppressed.
d. The court erred in applying the inevitable discovery doctrine in this case.
i. The first prong of the inevitable discovery test was not met.
ii. The Second prong of the inevitable discovery test was not met.
e. The trial courts decision to admit evidence that was obtained in violation of Torkelsen's Fourth Amendment Rights was not harmless error.
Reply Brief Issues
I. The Appellant's request to represent himself at trial was not untimely.
II. The district Court did not make the necessary findings of fact to deny a Faretta request.
Appellee's Statement of the Issues:
1. Whether Defendant made a timely and unequivocal request to represent himself.
District Court held: in the negative.
2. Whether the evidence obtained with Defendant's consent was admissible because the Defendant's repeated voluntary consents, after being given a Miranda warning, after being told he was not under arrest, and after being expressly advised of his
right to refuse consent, rendered the evidence sufficiently distinct from the illegal stop.
District Court held: in the affirmative.
3. Whether the evidence seized pursuant to the nighttime search warrant for Arthur and Leona Torkelsen's home was admissible--
a. Because there was probable cause for the nighttime search warrant.
District Court held: in the negative.
b. Because the warrant was admissible under Leon exception.
District Court held: in the negative.
c. Because the evidence would inevitably have been discovered.
District Court held: in the affirmative.
4. Whether admitting the Defendant's boot, if it were error, would be harmless beyond a reasonable doubt.
District Court did not rule.
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| 1 | | 05/18/2007 | |
NOTICE OF APPEAL: 05/17/2007 |
| 2 | | 05/18/2007 | |
ORDER FOR TRANSCRIPT: 05/17/2007 |
| 3 | | 05/29/2007 | |
Ross W. Brandborg is substitute counsel for Appellant in this case replacing Merrick & Sandberg |
| 4 | | 06/15/2007 | |
RECORD ON APPEAL (2 Volumes) including separate exhibits, transcripts and video tapes. |
| 5 | | 06/15/2007 | |
Not sent w/the record were Nos. 372 - 378, 391, 416 - 423, 441 - 447, 449, 451, 459 - 464, |
| 6 | | 06/15/2007 | |
471 - 473, 514, 515, 523 - 537 (Exhibits) |
| 7 | | 06/27/2007 | |
TRANSCRIPTS DATED 4/30/07, 5/1/07. 5/2/07, 5/3/07, 5/4/07, 5/7/07, 5/8/07, & 5/16/07 (8 vols.) |
| 8 | | 06/28/2007 | |
DISK - tra (e-mailed) (4/30/07, 5/1/07, 5/2/07, 5/3/07, 5/4/07, 5/7/07, 5/8/07, & 5/16/07) |
| 9 | | 07/02/2007 | |
Received Proof of Service of Transcripts (8 Vol.) |
| 10 | | 07/24/2007 | |
MOT. EXT/TIME APPELLANT BRIEF (Faxed) |
| 11 | | 07/24/2007 | |
E-FILED MOTION (MAT) (Faxed) |
| 12 | | 07/24/2007 | |
ACTION BY CHIEF DEPUTY CLERK (MAT). Granted: 09/05/2007 |
| 13 | | 08/31/2007 | |
MOT. EXT/TIME APPELLANT BRIEF & BRIEF/SUPPORT (e-filed) |
| 14 | | 08/31/2007 | |
E-FILED MOTION (Mot/Ext/ATB) |
| 15 | | 08/31/2007 | |
ACTION BY CHIEF JUSTICE (Mot/Ext/ATB). Granted: 09/20/2007 |
| 16 | | 09/20/2007 | |
APPELLANT BRIEF (e-filed brief) |
| 17 | | 09/02/2007 | |
E-FILED BRIEF (ATB) |
| 18 | | 09/20/2007 | |
APPELLANT APPENDIX (e-filed) |
| 19 | | 09/20/2007 | |
E-FILED APPENDIX (ATA) |
| 20 | | 10/05/2007 | |
Received $25.00 surcharge for ATB |
| 21 | | 10/10/2007 | |
Received 7 copies of ATB from Central Duplicating |
| 22 | | 10/10/2007 | |
Received copies of ATA from Central Duplicating |
| 23 | | 10/16/2007 | |
MOT. EXT/TIME APPELLEE BRIEF (faxed) |
| 24 | | 10/17/2007 | |
ACTION BY CLERK (MAE). Granted: 11/19/2007 |
| 25 | | 10/16/2007 | |
E-FILED MOTION (MAE) (Faxed) |
| 26 | | 11/19/2007 | |
Received $25 surcharge for AEB (Receipt 17924) |
| 27 | | 11/19/2007 | |
APPELLEE BRIEF |
| 28 | | 11/19/2007 | |
E-FILED BRIEF |
| 29 | | 11/21/2007 | |
Received copy of Appellee Brief in WordPerfect |
| 30 | | 11/28/2007 | |
Received 7 copies of AEB from Central Duplicating |
| 31 | | 12/03/2007 | |
REPLY BRIEF |
| 32 | | 12/03/2007 | |
E-FILED BRIEF - ryb |
| 33 | | 12/12/2007 | |
Received 7 copies of RYB from Central Duplicating |
| 34 | | 12/19/2007 | |
MOTION TO WITHDRAW REPLY BRIEF (LETTER DATED 12/18/07) |
| 35 | | 12/19/2007 | |
ACTION BY CHIEF JUSTICE. Denied |
| 36 | | 12/28/2007 | |
Request for Radio/TV Coverage (Prairie Public Radio approved) |
| 37 | | 01/04/2008 | |
APPEARANCES: Daniel E. Gast; Lonnie Olson, Lisa Beckstrom Gibbens |
| 38 | | 01/04/2008 | |
ARGUED: Gast; Olson |
| 39 | | 01/04/2008 | |
ORAL ARGUMENT WEBCAST |
| 40 | | 07/21/2008 | |
DISPOSITION: AFFIRMED |
| 41 | | 07/21/2008 | |
SPLIT OPINION: Crothers, Daniel John |
| 42 | | 07/21/2008 | |
(CONCUR): Sandstrom, Dale V.: CONCUR |
| 43 | | 07/21/2008 | |
Judgment E-Mailed to Parties |
| 44 | | 08/08/2008 | |
Mot. Ext/Time Petition for Rehearing (letter dated August 8) |
| 45 | | 08/08/2008 | |
MOTION FOR authorization to talk to Commission on Counsel for Indigent Defense (see 8/08/08 letter) |
| 46 | | 08/11/2008 | |
ACTION BY CHIEF JUSTICE (ext. for petition for rehearing). Granted: 09/08/2008 |
| 47 | | 08/11/2008 | |
NO ACTION TAKEN on request regarding counsel. There's been no withdrawal of counsel |
| 48 | | 08/14/2008 | |
MOTION to withdraw as counsel by Ross Brandborg |
| 49 | | 08/14/2008 | |
E-FILED MOTION to withdraw as counsel |
| 50 | | 08/15/2008 | |
ACTION BY CHIEF JUSTICE (Motion to Withdraw as Counsel). Granted |
| 51 | | 09/04/2008 | |
PETITION FOR REHEARING |
| 52 | | 09/04/2008 | |
DISK - per (e-mailed) |
| 53 | | 09/09/2008 | |
MOTION TO WITHDRAW PETITION FOR REHEARING (Letter from Steven Torkelson) |
| 54 | | 09/10/2008 | |
NO ACTION TAKEN (Motion to Withdraw Petition) |
| 55 | | 09/22/2008 | |
Supplement to Petition for Rehearing (handwritten letter from Steven Torkelsen) |
| 56 | | 10/21/2008 | |
Letter of October 17, from Torkelson |
| 57 | | 10/22/2008 | |
MOTION FOR STAY OF MANDATE |
| 58 | | 10/24/2008 | |
ACTION BY SUPREME COURT (Pet/Rehearing). Denied |
| 59 | | 10/24/2008 | |
ACTION BY CLERK (Mot/Stay/Mandate). Granted: 11/23/2008 |
| 60 | | 11/19/2008 | |
MOTION FOR Enlargement/Extension of Time on Stay of Mandate |
| 61 | | 11/19/2008 | |
ACTION BY CHIEF JUSTICE (Mot/Ext/Stay of Mandate). Granted: 01/22/2009 |
| 62 | | 01/28/2009 | |
MANDATE |
| 63 | | 02/09/2009 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |