State v. Clark
v.
Daniel J. Clark, Defendant and Appellant
Judge Zane Anderson
| Appellant: | Irvin B. Nodland, PC | |
| Appellee: | Owen K. Mehrer , State's Attorney |
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State v. Clark | |||||||
| 960344 |
State of North Dakota, Plaintiff and Appellee
v. Daniel J. Clark, Defendant and Appellant | ||||||
| Appeal from: |
District Court,
Southeast Judicial District,
Wells County
Judge Zane Anderson | ||||||
| Nature of Action: | Homicide | ||||||
| Counsel: |
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| Term: | 09/1997 Argument: 09/05/1997 01:30pm | ||||||
| ND cite: | 1997 ND 199 | ||||||
| NW cite: |
570 N.W.2d 195
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| 1 | 10/31/1996 | NOTICE OF APPEAL: 10/29/1996 | ||
| 2 | 11/29/1996 | ORDER FOR TRANSCRIPT (filed 8/12/96 but appeal did not: 10/29/1996 | ||
| 3 | 11/29/1996 | go forward/NOA was motion for new trial/filed as of NOA) | ||
| 4 | 11/29/1996 | RETENTION OF RECORD ON APPEAL (Arnie Badinger is to: 12/18/1996 | ||
| 5 | 11/29/1996 | request an extension for the transcript but has not done | ||
| 6 | 11/29/1996 | so yet; however, he has retained record from the district | ||
| 7 | 11/29/1996 | court/conversation w/Mavis @ stark county clerks office) | ||
| 8 | 01/07/1997 | MOT. EXT/TIME TRANSCRIPT | ||
| 9 | 01/07/1997 | ACTION BY CLERK. GRANTED: 01/28/1997 | ||
| 10 | 01/28/1997 | MOTION EXT/TIME TRANSCRIPT (letter dated | ||
| 11 | 01/28/1997 | 1-27-97 from Arnold Badinger, Court Reporter) | ||
| 12 | 02/24/1997 | ACTION BY ACTING CHIEF JUSTICE (WAN). GRANTED | ||
| 13 | 02/14/1997 | Letter from Mr. and Mrs. Ernest Clark dated 2-11-97 w/ | ||
| 14 | 02/14/1997 | attachments RE: costs of transcript | ||
| 15 | 02/17/1997 | TRANSCRIPTS including Evidentiary Hearing dated April 1, | ||
| 16 | 02/17/1997 | 1996, Evidentiary Hearing dated April 9, 1996, Pre-Trial | ||
| 17 | 02/17/1997 | Conference dated April 22, 1996, Pre-Trial Conference dated | ||
| 18 | 02/17/1997 | April 29, 1996, Jury Trial (5 Volumes) dated May 6, 1996, | ||
| 19 | 02/17/1997 | and Sentencing Hearing dated June 25, 1996 | ||
| 20 | 02/17/1997 | RECORD ON APPEAL(3 volumes & separates) (not recd - exhibits) | ||
| 21 | 02/17/1997 | (req. State exhibits 3A-3F, 7B, 8Y-8Z, 8CC-8EE, 9C, 14, 17A | ||
| 22 | 02/17/1997 | 18, 19 / Defense exhibits A, B, D, F & G be sent by clerk) | ||
| 23 | 02/24/1997 | MOTION FOR REMAND to make motion for new trial | ||
| 24 | 02/24/1997 | ACTION BY ACTING CHIEF JUSTICE (WAN). GRANTED | ||
| 25 | 02/24/1997 | ORDER OF REMAND | ||
| 26 | 02/24/1997 | ORDER MAILED TO PARTIES, TRIAL COURT & TRIAL CLERK | ||
| 27 | 02/24/1997 | REMANDED ROA (3 volumes/223A(exhibits)/7-2-96 transcript) | ||
| 28 | 03/13/1997 | Letter from Irv Nodland RE: due date for ATB | ||
| 29 | 03/25/1997 | RECORD ON APPEAL refiled after remand (3 vol/223A(exhibits)/ | ||
| 30 | 03/25/1997 | 225(7/2/96 trx)/states exhibits 3A 3B 3C 3D 3E 3F 7B 8Y 8Z | ||
| 31 | 03/25/1997 | 8CC 8DD 8EE 9C 17A 18 & 19/defendants exhibits A B D F &G) | ||
| 32 | 03/27/1997 | MOT EXT TIME ATB (sua sponte due to remand) | ||
| 33 | 03/27/1997 | ACTION BY CLERK (sua sponte due to remand). GRANTED: 04/18/1997 | ||
| 34 | 04/10/1997 | THIS CASE HAS BEEN CONSOLIDATED W/ 970109 - MAKE ALL ENTRIES | ||
| 35 | 04/10/1997 | EXCEPT "DIS" IN THIS CASE. (NOA filed in 970109 on 4-10-97) (also consolidated w/ 970231 on 7-18-97 | ||
| 36 | 04/11/1997 | Defendant's Order for Hearing Transcript (Hearing Held on 3-19-97 -- See Docket Memo) | ||
| 37 | 04/11/1997 | MOTION FOR OVERLENGTH BRIEF & BRIEF IN SUPPORT OF MOTION | ||
| 38 | 04/15/1997 | ACTION BY SUPREME COURT (10 PAGE EXTENSION). Granted | ||
| 39 | 04/15/1997 | MOTION TO DISMISS APPELLANT'S APPEAL. RspDue: 04/25/1997 | ||
| 40 | 04/18/1997 | APPELLANT BRIEF | ||
| 41 | 04/18/1997 | APPELLANT APPENDIX | ||
| 42 | 04/22/1997 | TRANSCRIPT DATED 3-19-97 (Motion for New Trial) | ||
| 43 | 04/23/1997 | SUPPLEMENTAL CLERKS CERTIFICATE dated 04-22-97 (Entries #248-251(a) | ||
| 44 | 04/24/1997 | Response Filed (Motion to Dismiss) | ||
| 45 | 04/29/1997 | MOTION FOR REMAND w/ Brief in Support & Attachment | ||
| 46 | 04/29/1997 | Copy of Transcript of Motion for New Trial w/ Cert. of Serv. for inclusion into the Appendix | ||
| 47 | 04/29/1997 | SUPPLEMENTAL CLERK'S CERT. DATED 4-28-97 (Entries 252-258(a) | ||
| 48 | 04/30/1997 | ACTION BY SUPREME COURT (Deferred until after OA on the merits of the appeal) | ||
| 49 | 04/30/1997 | Order/Judgment Mailed to Parties | ||
| 50 | 04/30/1997 | MOT. EXT/TIME APPELLEE BRIEF (sua sponte) | ||
| 51 | 04/30/1997 | ACTION BY CLERK. Granted: 05/30/1997 | ||
| 52 | 05/02/1997 | Letter from Owen Mehrer dated 5-1-97 re: due date for AEB | ||
| 53 | 05/09/1997 | Supplemental Clerk's Certificate dated 5-8-97 (#259-264A) | ||
| 54 | 05/12/1997 | Copy of State's Response to Defendant's Motion for New Trial, Brief in Support & Affidavit of | ||
| 55 | 05/12/1997 | Detective Chuck Rummel | ||
| 56 | 05/13/1997 | Supplemental Clerk's Certificate dated 5-12-97 (#265-267A) | ||
| 57 | 05/14/1997 | ACTION BY CHIEF JUSTICE (Mot/Remand). Granted | ||
| 58 | 05/16/1997 | ORDER OF REMAND | ||
| 59 | 05/29/1997 | APPELLEE BRIEF | ||
| 60 | 05/29/1997 | APPELLEE APPENDIX | ||
| 61 | 06/13/1997 | REPLY BRIEF | ||
| 62 | 07/23/1997 | RECORD ON APPEAL (4 volumes; 5 supps; & separates) | ||
| 63 | 07/23/1997 | (not recd/plain exhibits 4A 4B 4C 5 6 7A 8A 8C 8S 8AA 8BB 9B 11A 12A 12B 15 16 17 20 21/Df C E) | ||
| 64 | 07/31/1997 | Transcript dated July 10, 1997 - Clerk's Sixth Supplemental Certificate of ROA (one | ||
| 65 | 07/31/1997 | copy should be kept in our file when this case is MANDATED). | ||
| 66 | 08/28/1997 | Request for Radio/TV Coverage (KCND-FM, Prairie Public Radio) | ||
| 67 | 09/05/1997 | APPEARANCES: Irvin B. Nodland; Owen K. Mehrer, Stark County State's Attorney | ||
| 68 | 09/05/1997 | ARGUED: Nodland; Mehrer (Vol. V, pg. 122) | ||
| 69 | 10/21/1997 | DISPOSITION: AFFIRMED | ||
| 70 | 10/21/1997 | UNANIMOUS OPINION: VandeWalle, Gerald | ||
| 71 | 10/22/1997 | Order/Judgment Mailed to Parties | ||
| 72 | 11/03/1997 | PETITION FOR REHEARING | ||
| 73 | 12/02/1997 | ACTION BY SUPREME COURT. Denied | ||
| 74 | 12/15/1997 | MANDATE | ||
| 75 | 06/19/2003 | EXPUNGED - Nonpermanent record items destroyed |