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State v. Burke

Docket No. 19980312
Oral Argument: Monday, September 13, 1999 10:45am

Docket Info

Title
State of North Dakota, Plaintiff and Appellee
v.
Dale Joseph Burke, Defendant and Appellant
Case Type
CRIMINAL APPEAL : HOMICIDE
Appeal From
Case No. CR97-1543
East Central Judicial District, Cass County
Michael O. McGuire
2000 ND 25606 N.W.2d 108

Highlight


Briefs

Filing Date Description
05/25/1999 APPELLANT BRIEF View
06/28/1999 APPELLEE BRIEF View
07/15/1999 REPLY BRIEF of Appellant View

Counsel

Party Type Name
APPELLEE ASST. STATE'S ATTORNEY Mark Rainer Boening - 03797
APPELLANT COURT APPOINTED Joe Allen Johnson - 04995

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

Seq. # Filing Date Description Attachment
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 View
58 05/25/1999 APPELLANT APPENDIX
59 05/25/1999 DISK - Appellant Brief
60 06/28/1999 APPELLEE BRIEF View
61 06/29/1999 DISK - AEB
62 07/15/1999 REPLY BRIEF of Appellant View
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
67 02/22/2000 UNANIMOUS OPINION : Kapsner, Carol Ronning View
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