State v. Burke
v.
Dale Joseph Burke, Defendant and Appellant
Judge Michael O. McGuire
| Appellant: | Joe Allen Johnson | |
| Appellee: | Mark Rainer Boening , Asst. State's Attorney |
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State v. Burke | |||||||
| 980312 |
State of North Dakota, Plaintiff and Appellee
v. Dale Joseph Burke, Defendant and Appellant | ||||||
| Appeal from: |
District Court,
East Central Judicial District,
Cass County
Judge Michael O. McGuire | ||||||
| Nature of Action: | Homicide | ||||||
| Counsel: |
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| Term: | 09/1999 Argument: 09/13/1999 10:45am | ||||||
| ND cite: | 2000 ND 25 | ||||||
| NW cite: |
606 N.W.2d 108
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| 1 | 09/23/1998 | NOTICE OF APPEAL: 09/21/1999 | ||
| 2 | 09/23/1998 | ORDER FOR TRANSCRIPT: 09/21/1998 | ||
| 3 | 09/28/1998 | Copy of letter dated 9-25-98 from Dist. Ct. Clerk's Office to AT Dale Burke informing him that | ||
| 4 | 09/28/1998 | Steven Mottinger has replaced Gordon Dexheimer to represent him in this appeal | ||
| 5 | 09/29/1998 | Letter from Dale Burke dated 9-27-98 RE: court appointed counsel for him | ||
| 6 | 10/02/1998 | Copy of letter dated 10-1-98 from District Court Clerk's Office to Dale Burke RE: Joe Johnson is | ||
| 7 | 10/02/1998 | court appointed counsel for him to replace Steven Mottinger | ||
| 8 | 10/20/1998 | Copy of letter dated 10-12-98 from Judge McGuire to Dale Burke re ct.-appointed counsel (Joe | ||
| 9 | 10/20/1998 | Johnson is the last ct.-appointed counsel that Mr. Burke can receive -- advised him that he can | ||
| 10 | 10/20/1998 | hire his own attorney if he wishes) | ||
| 11 | 10/22/1998 | Copy of letter dated 10-20-98 from Judge McGuire to Dale Burke re: advised that he needs to address | ||
| 12 | 10/22/1998 | any further motions to Supreme Court & matters regarding Ct. Appt counsel | ||
| 13 | 10/23/1998 | Cy of ltr from Judge McGuire to Joe A. Johnson re: reviewing the file | ||
| 14 | 10/23/1998 | APPLICATION FOR SUPERVISORY WRIT (copies made) (NOTE: Appl. filed by AT Dale J. Burke) | ||
| 15 | 10/26/1998 | MOTION to Withdraw as Counsel for Appeal & Affidavit in Support | ||
| 16 | 10/27/1998 | RETENTION OF RECORD ON APPEAL (Mjones): 11/10/1998 | ||
| 17 | 10/28/1998 | ACTION BY SUPREME COURT (Application for Supervisory Writ). denied | ||
| 18 | 10/28/1998 | ACTION BY SUPREME COURT (Motion to Withdraw as Counsel). denied | ||
| 19 | 11/05/1998 | RECONSIDERATION OF APPLICATION FOR SUPERVISORY WRIT (copies made) (filed by AT Dale J. Burke) | ||
| 20 | 11/09/1998 | MOT. EXT/TIME TRANSCRIPT | ||
| 21 | 11/09/1998 | ACTION BY TRIAL COURT. granted: 12/20/1998 | ||
| 22 | 11/10/1998 | Copy of Motion for Production of Transcript, etc. (venued in District Court) | ||
| 23 | 11/18/1998 | ACTION BY SUPREME COURT (Reconsideration/Application/Supervisory Writ). denied | ||
| 24 | 11/18/1998 | Order Mailed to Parties | ||
| 25 | 11/18/1998 | "Pet/Writ of Certiorari" w/request to stay briefing schedule until a ruling is made on the Pet/Writ | ||
| 26 | 11/23/1998 | NO ACTION TAKEN - Have we rec'd anything from Mr. Burke supporting his belief that the appeal | ||
| 27 | 11/23/1998 | should be held up pending the U.S. Supreme Court makes a ruling on the Pet/Writ of Cert (Per PM, | ||
| 28 | 11/23/1998 | the time for filing the Trans. & Briefing schedule will continue to run until we hear differently) | ||
| 29 | 12/01/1998 | Letter dated 11-27-98 from Dale Burke (per PM - just docket) | ||
| 30 | 12/07/1998 | Letter from Steven Randall to Joe Johnson dated 12-4-98 RE: Advising that no further transcripts | ||
| 31 | 12/07/1998 | will be prepared. | ||
| 32 | 12/18/1998 | TRANSCRIPTs dated 7-7-98;7-8-98;7-9-98;7-10-98;7-13-98; & 9-17-98 (6 vols.) | ||
| 33 | 12/18/1998 | RECORD ON APPEAL (2 vols) & Exhibits NOT REC'D: #15,24,28,56,164 & 216 (Steno Notes); #39,52,63,65, | ||
| 34 | 12/18/1998 | 67 & 73 (tapes); and #149 (State's Exh. 18-house diagram, 1st floor) & 150 (State's Exh. 19-house | ||
| 35 | 12/18/1998 | diagram - 2nd floor) | ||
| 36 | 12/21/1998 | Copy of letter from Dale Burke to Clerk of US Supreme Court dated 12-16-98 | ||
| 37 | 12/21/1998 | Rec'd 6 disks of Trans. -- 7/7/98;7-8-98;7-9-98;7-10-98;7-13-98; & 9-17-98 | ||
| 38 | 01/11/1999 | MOT. EXT/TIME ATB entitled "Motion for Enlargement of Time to Prepare Transcripts and Briefs" | ||
| 39 | 01/11/1999 | ACTION BY ACTING CHIEF JUSTICE NEUMANN. Granted: 03/26/1999 | ||
| 40 | 02/25/1999 | NOTICE FROM US SUPREME COURT; PET FOR WRIT OF CERT DENIED | ||
| 41 | 02/26/1999 | Cy of ltr from Joe Johnson to Judge McGuire dated 2-25-99, re: TRA's for this case. | ||
| 42 | 03/04/1999 | TRANSCRIPTS DATED 1-07-98; 1-09-98; 2-18-98 | ||
| 43 | 03/05/1999 | Disk containing transcripts dated 1-07-98; 1-09-98; 2-18-98 | ||
| 44 | 03/03/1999 | Clerk's Supplemental Certificate on Appeal dated 03-02-99 (Entry No 223 -226) | ||
| 45 | 03/08/1999 | Supplemental Clerk's Certificate dated 3-5-99 (#227 & 228) | ||
| 46 | 03/10/1999 | TRANSCRIPTS DATED 5-12-97 | ||
| 47 | 03/11/1999 | Disk containing TRA dated 5-12-97 | ||
| 48 | 03/17/1999 | MOT. EXT/TIME APPELLANT BRIEF | ||
| 49 | 03/19/1999 | ACTION BY CHIEF JUSTICE (MAT). Granted: 04/26/1999 | ||
| 50 | 03/19/1999 | (NOTE: all transcripts should be completed and filed in our office by 4-26-99) | ||
| 51 | 04/12/1999 | Transcripts dated 5-23-97;6-2-97; & 1-16-98 (3 vols.) (filed by Ct. Rptr. Catherine Jorgensen) | ||
| 52 | 04/12/1999 | Transcripts dated 5-2-97;9-3-97;3-11-98;4-1-98; & 4-22-98 (5 vols.)(filed by Sec. Vicky Matthys) | ||
| 53 | 04/13/1999 | DISK - Trans. 5-23-97; 6-2-97; & 1-16-98 | ||
| 54 | 04/13/1999 | DISK - Trans. 5-2-97;9-3-97;3-11-98;4-1-98 & 4-22-98 | ||
| 55 | 04/23/1999 | MOT. EXT/TIME APPELLANT BRIEF & AFFIDAVIT OF DALE BURKE | ||
| 56 | 04/23/1999 | ACTION BY CHIEF JUSTICE (MAT). Granted: 05/26/1999 | ||
| 57 | 05/25/1999 | APPELLANT BRIEF | ||
| 58 | 05/25/1999 | APPELLANT APPENDIX | ||
| 59 | 05/25/1999 | DISK - Appellant Brief | ||
| 60 | 06/28/1999 | APPELLEE BRIEF | ||
| 61 | 06/29/1999 | DISK - AEB | ||
| 62 | 07/15/1999 | REPLY BRIEF of Appellant | ||
| 63 | 07/16/1999 | DISK - RYB of Appellant | ||
| 64 | 09/13/1999 | APPEARANCES: Joe A. Johnson; Mark R. Boening, Assistant State's Attorney | ||
| 65 | 09/13/1999 | ARGUED: Johnson; Boening (Volume W; page 172) | ||
| 66 | 02/22/2000 | DISPOSITION: AFFIRMED | ||
| 67 | 02/22/2000 | UNANIMOUS OPINION: Kapsner, Carol Ronning | ||
| 68 | 02/23/2000 | Order/Judgment Mailed to Parties | ||
| 69 | 03/15/2000 | MANDATE | ||
| 70 | 03/17/2000 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE | ||
| 71 | 09/27/2006 | EXPUNGED - Nonpermanent record items destroyed |