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State v. Brewer

Docket No. 20210105
Oral Argument: Thursday, October 14, 2021 10:30 AM

Docket Info

Title
State of North Dakota, Plaintiff and Appellee
v.
Michael Brewer, Defendant and Appellant
Case Type
CRIMINAL APPEAL : MISC. STATUTORY OFFENSE (FELONY)
Appeal From
Case No. 2020-CR-00315
South Central Judicial District, Burleigh County
Daniel James Borgen
2021 ND 198966 N.W.2d 574
Oral Argument 10/14/2021

Highlight

The defendant has the burden to show he is entitled to additional credit for time served in custody.

When time spent in custody is credited toward an unrelated charge, the defendant is not entitled to have that time spent in custody applied to another sentence.

An appellee who has not cross-appealed may not seek a more favorable result on appeal than received in the trial court.


Briefs

Filing Date Description
06/28/2021 APPELLANT BRIEF View
07/28/2021 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLANT COURT APPOINTED Matthew John Arthurs - 06359
APPELLEE STATE'S ATTORNEY Julie Ann Lawyer - 05693

(Note: Attachments may not be available for recently filed cases and/or confidential documents.)

Seq. # Filing Date Description Attachment
1 04/06/2021 NOTICE OF APPEAL : 04/06/2021
2 04/06/2021 ORDER FOR TRANSCRIPT : 04/06/2021
3 04/06/2021 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
4 04/06/2021 Notice served on Matthew J. Arthurs & Julie A. Lawyer
5 05/04/2021 ELEC. RECORD ON APPEAL DATED MAY 3, 2021 (ENTRY NOS. 1-49)
6 05/18/2021 ELECTRONIC TRANSCRIPT DATED MARCH 18, 2021
7 05/18/2021 TRANSCRIPT C.O.S.
8 06/28/2021 APPELLANT BRIEF View
9 06/28/2021 APPELLANT APPENDIX
10 07/06/2021 Rec'd non-substantive corrections to ATB & ATA
11 07/08/2021 Rec'd 4 copies of ATB & ATA from CSD
12 07/28/2021 APPELLEE BRIEF View
13 07/28/2021 Rec'd written consent of Julie Lawyer for Dominic Davis, law student
14 07/30/2021 Rec'd 4 copies of AEB from CSD
15 09/09/2021 ORAL ARGUMENT WAIVED - NO REQUESTS FOR ORAL ARGUMENT
16 09/21/2021 NOTICE OF ORAL ARGUMENT SENT
17 10/14/2021 APPEARANCES: Matthew J. Arthurs/Julie A. Lawyer
18 10/14/2021 ARGUED: Matthew J. Arthurs/Julie A. Lawyer
19 11/17/2021 DISPOSITION
20 11/17/2021 UNANIMOUS OPINION : McEvers, Lisa K. Fair View
21 11/17/2021 Judgment View
22 12/10/2021 MANDATE