State v. DuPaul

930063 State of North Dakota, Plaintiff and Appellant
v.
Michael O. DuPaul, Defendant and Appellee

Appeal from: County Court, Ward County
Judge Gary A. Holum
Nature of Action: Dui/Dus
Counsel:
Appellant: John P. Van Grinsven III , Asst. State's Attorney
Appellee: Pro se
Term: 09/1993   Argument: 09/14/1993  1:30pm
NW cite: 509 N.W.2d 266

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Docket entries:
102/22/1993 NOTICE OF APPEAL: 02/22/1993
202/22/1993 (This case is consolidated w/930064. Make all docket entries, except disposition, in this case.)
305/28/1993 REFILED RECORD ON APPEAL AFTER REMAND
403/31/1993 TRANSCRIPT DATED November 22, 1991
504/23/1993 APPELLANT BRIEF
604/23/1993 APPELLANT APPENDIX
704/26/1993 DuPaul requested court appointed counsel; he was referred to the county court to make an
804/26/1993 appropriate motion as Judge Dill previously instructed him to do.
904/29/1993 Letter request from DuPaul for extension of time to file Appellee's Brief
1004/29/1993 ACTION BY CHIEF JUSTICE (two weeks after trial court's appointment of counsel). Granted: 05/19/1993
1104/29/1993 Motion for Remand (included with extension)
1204/29/1993 ORDER OF REMAND (Records remanded for review in preparation of the Appellee's Brief)
1304/29/1993 ACTION BY CLERK
1405/13/1993 Copy of Letter from Judge Dill: DuPaul to provide information before he could appoint counsel
1505/17/1993 Copy of Order Denying Request for Appointed Counsel because
1605/17/1993 DuPaul did not comply with request for additional info.
1705/18/1993 MOTION FOR Court Appointed Counsel
1805/18/1993 MOT. EXT/TIME APPELLEE BRIEF
1905/21/1993 REQUEST FOR ORDER FOR REMAND (AT)
2005/25/1993 APPELLEE BRIEF
2105/26/1993 NO ACTION TAKEN (Mot/Ext AEB)
2205/26/1993 ACTION BY SUPREME COURT (motion for counsel). Denied
2305/26/1993 ACTION BY SUPREME COURT (motion for remand). DENIED
2405/28/1993 REFILED RECORD ON APPEAL AFTER REMAND
2505/28/1993 SUPPLEMENTAL CLERK'S CERT. DATED 4-29-93 (Entry Nos. 48-68)
2605/28/1993 SUPPLEMENTAL CLERK'S CERT. DATED 5-27-93 (Entry Nos. 69-79)
2706/03/1993 Letter dated May 27, 1993 responding to PM's letter requesting additional copies of AEB.
2806/07/1993 Letter dated June 7, 1993, from John VanGrinsven explaining that the State has not responded to any
2906/07/1993 Motions becasue it has not been served.
3006/18/1993 MOTION FOR COURT-APPOINTED COUNSEL
3106/18/1993 ACTION BY SUPREME COURT. DENIED
3206/25/1993 Letter dated 6-23-93 from Mr. DuPaul requesting counsel (no action taken in light of above)
3307/06/1993 Copy of Judge Dill's Order appointing J.Nostdahl AE's Counsel
3408/04/1993 MOTION FOR Appointment of Counsel; letter dated August 2 from Mr. DuPaul
3508/10/1993 ACTION BY CHIEF JUSTICE. DENIED
3608/10/1993 MOTION FOR ct.apptd. attorney; letter dated August 8, 1993 from Mr. DuPaul
3708/12/1993 Letter dated 8/11/93 from Mr. DuPaul renewing request for an attorney
3808/12/1993 Letter dated 8/11/93 from Mr. Nostdahl informing the
3908/12/1993 Court that he has been permitted to withdraw as counsel
4008/12/1993 ACTION BY CHIEF JUSTICE (appt. of counsel). DENIED
4108/12/1993 Mr. DuPaul is to be advised that September oral arguments will go forward
4208/12/1993 THIRD SUPPLEMENTAL CLERK'S CERTIFICATE
4308/13/1993 Letter dated 8-12-93 from DuPaul regarding appt of counsel and motion for withdrawal by Nostdahl
4408/23/1993 FOURTH SUPPLEMENTAL CLERK'S CERT. DATED 8-19-93 (Entry Nos. 90-98. NOTE: #97 is an Order
4508/23/1993 reappointing Pringle & Herigstad Firm as counsel)
4608/23/1993 ANNOUNCED DISQUALIFICATION: Meschke, Herbert L.
4708/30/1993 SITTING WITH THE COURT: McGuire, Michael O.
4809/09/1993 MOTION FOR Court-Appointed Counsel with attached trial court order dated 9/7/93 allowing Jim
4909/09/1993 Nostdahl and the firm Pringle & Herigstad to withdraw as counsel for Michael O. DuPaul, Appellee.
5009/09/1993 ACTION BY SUPREME COURT (S.Ct. will supervise this matter to the extent that Jim Nostdahl is
5109/09/1993 directed to file a written brief by 10/1/93 in response to the legal issues raised by the Appellant
5209/09/1993 The State will be permitted to file a Reply Brief within 10 days.)
5309/09/1993 MOTION TO CONTINUE ORAL ARGUMENT (included w/Motion for Court-Appointed Counsel)
5409/09/1993 ACTION BY SUPREME COURT(O/A held as scheduled). DENIED
5509/10/1993 5th Supplemental Clerk's Certificate (Nos. 99-105)
5609/14/1993 Letter dated September 11, 1993, objecting to September 9 Order & forwarding a summons & complaint
5709/14/1993 which names the Supreme Court as a defendant (from Mr. DuPaul)
5809/14/1993 Letter dated 9/13/93 from Jim Nostdahl indicating his intent to not go forward with
5909/14/1993 representation of DuPaul (withdrawal of counsel)
6009/14/1993 Letter dated September 13, 1993, from Mr. DuPaul to Mr. Nostdahl regarding court-appointment
6109/14/1993 APPEARANCES: John Van Grinsven, Assistant State's Attorney; Michael O. DuPaul, pro se
6209/14/1993 ARGUED: Van Grinsven; DuPaul, pro se (Vol. T, pg. 143)
6309/22/1993 ACTION BY SUPREME COURT(9/9/93 Order vacated). GRANTED
6409/28/1993 Letter dated September 23, 1993, from Mr.DuPaul-at Court's direction, no action taken, no response
6510/11/1993 Letter dated 10-7-93 from Mr. DuPaul
6611/08/1993 Letter dated November 6, 1993, from Mr. DuPaul re: court appointed attorney
6712/09/1993 DISPOSITION: REVERSED AND REMANDED
6812/09/1993 UNANIMOUS OPINION: Levine, Beryl J.
6912/29/1993 PETITION FOR REHEARING (Entitled, "Motion for Request for Appeal, Automatic Stay, Court Appointed
7012/29/1993 Counsel, Rehearing, Writ of certiorari - 8th Circuit Court of the United States of America")
7112/29/1993 ACTION BY CHIEF JUSTICE (Pet/Rehearing denied. DENIED
7212/29/1993 as the time for filing Petition expired on 12/24/93)
7312/29/1993 MOTION FOR Writ of Certiorari (included above)
7412/29/1993 ACTION BY CHIEF JUSTICE (Writ/Cert denied as beyond the jurisdiction of this Court.). DENIED
7512/29/1993 MOTION FOR Stay of Mandate
7612/29/1993 ACTION BY CHIEF JUSTICE (Stay/Mandate denied as Rule 41(b), NDRAppP, only provides for a stay of. DENIED
7712/29/1993 the mandate in appeals or Petitions for Writ of Certiorari to the U.S. Supreme Court and
7812/29/1993 not the 8th Circuit Court of Appeals)
7901/03/1994 MANDATE
8004/03/2001 EXPUNGED - Nonpermanent record items destroyed

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