Voisine v. State
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| 20070313 |
Raymond Voisine, Petitioner and Appellant
v.
State of North Dakota, Respondent and Appellee
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| Appeal from: |
District Court,
South Central Judicial District,
Sheridan County
Judge Sonna M. Anderson |
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Nature of Action: |
Post-Conviction Relief
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| Counsel: |
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| Term: |
04/2008 Argument: 04/14/2008 10:45am
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| ND cite: |
2008 ND 91
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| NW cite: |
748 N.W.2d 429
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| Issues: |
Appellant's Statement of the Issues:
The Appellant's probation was revoked unlawfully.
Whereas the Appellant was not subject to the conditions of probation at the time of the "Petition" to the Court, for revocation.
Whereof, the Appellant relied on the District Court's Sentencing Order, which specifically states that Appellant shall be subject to the "Conditions of Probation" while serving his probation under the "Suspended Period" of the sentence, for which
applies only upon release from incarceration, as prison time is not a period of suspended sentence.
Appellee's Statement of the Issues:
While incarcerated does a defendant have to conform to probation requirements?
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| 1 | | 10/26/2007 | |
NOTICE OF APPEAL: 10/24/2007 |
| 2 | | 10/28/2007 | |
RECORD ON APPEAL w/Separate (Entry No. 6). Not rec'd were Entry Nos. 5, 9, 10, & 41). |
| 3 | | 12/03/2007 | |
Clerk's Supp. Cert. of Record on Appeal dated November 28, 2007, with entries 5 & 41 attached |
| 4 | | 12/28/2007 | |
S.Ct. Not. of Dismissal/Failure to Proceed. RspDue: 01/11/2008 |
| 5 | | 01/11/2008 | |
Affadavit in Support of non-compliance filed by Raymond Voisine |
| 6 | | 01/11/2008 | |
NO ACTION TAKEN (Supreme Court Notice of Dismissal/Failure to Proceed) |
| 7 | | 01/11/2008 | |
MOT. EXT/TIME APPELLANT BRIEF |
| 8 | | 01/11/2008 | |
ACTION BY CLERK. Granted: 02/11/2008 |
| 9 | | 02/08/2008 | |
APPELLANT BRIEF (Scanned) |
| 10 | | 02/08/2008 | |
APPELLANT APPENDIX (Attached to ATB) |
| 11 | | 02/11/2008 | |
DISK NONCOMPLIANCE (Certificate of Non-Compliance for ATB) |
| 12 | | 02/11/2008 | |
Affidavit of Service by Mail of ATB on opposing counsel |
| 13 | | 03/10/2008 | |
Rec'd 8 copies of issues & original signature page for ATB & 8 copies docket sheet & 8 NOA for ATA. |
| 14 | | 03/14/2008 | |
MOT. EXT/TIME APPELLEE BRIEF |
| 15 | | 03/14/2008 | |
E-FILED MOTION (MAE) |
| 16 | | 03/17/2008 | |
ACTION BY CLERK (MAE). Granted: 03/25/2008 |
| 17 | | 03/21/2008 | |
APPELLEE BRIEF |
| 18 | | 03/21/2008 | |
DISK-AEB (e-mailed) |
| 19 | | 04/03/2008 | |
SUPPLEMENTAL CLERK'S CERTIFICATE OF RECORD dated 4-3-08, including separate transcripts (2) |
| 20 | | 04/14/2008 | |
APPEARANCES: Raymond Voisine, pro se; Walter M. Lipp, State's Attorneys |
| 21 | | 04/14/2008 | |
ARGUED: Voisine; Lipp |
| 22 | | 04/14/2008 | |
ORAL ARGUMENT WEBCAST |
| 23 | | 04/17/2008 | |
Supplemental information from Raymond Voisine dated 4-15-08 (letter) |
| 24 | | 05/15/2008 | |
DISPOSITION: REVERSED |
| 25 | | 05/15/2008 | |
UNANIMOUS OPINION: Kapsner: Kapsner, Carol Ronning |
| 26 | | 05/16/2008 | |
Judgment e-mailed to Parties |
| 27 | | 06/06/2008 | |
MANDATE |
| 28 | | 06/13/2008 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |