State v. Helmenstein
Docket Info
- Title
- State of North Dakota, Plaintiff and Appellee
v.
Shawn Glenn Helmenstein, Defendant and Appellant - Case Type
- CRIMINAL APPEAL : HOMICIDE
- Appeal From
-
Case No. 99-K-1395
South Central Judicial District, Burleigh County
Donald L. Jorgensen
Highlight
Voluntariness of a confession is determined by the totality of the circumstances, focusing on the characteristics and condition of the accused at the time of the confession, as well as the details of the setting in which the confession was obtained.
Miranda warnings are required when a person is in custody and is interrogated. Custody is a mixed question of law and fact and is fully reviewable on appeal.
The requirement of bringing a person before a magistrate without unnecessary delay is a factor to consider in evaluating the voluntariness of a confession. Unnecessary delay depends upon the circumstances of each case.
A change of venue rests in the sound discretion of the trial court and will not be reversed absent an abuse of discretion. A defendant challenging a denial of a change of venue must establish prejudice or establish that a fair and impartial jury could not be empaneled.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
Seq. # | Filing Date | Description | Attachment |
---|---|---|---|
1 | 03/03/2000 | NOTICE OF APPEAL : 02/29/2000 | |
2 | 03/03/2000 | ORDER FOR TRANSCRIPT : 02/29/2000 | |
3 | 03/03/2000 | RETENTION OF RECORD ON APPEAL : 04/19/2000 | |
4 | 04/19/2000 | TRANSCRIPTS COMMENCING DECEMBER 6, 1999 with Master Contents (5 Volumes) and TRANSCRIPT DATED | |
5 | 04/19/2000 | FEBRUARY 29, 2000 (Sentencing) | |
6 | 04/19/2000 | DISK - TRA's rec'd 4-19-00 | |
7 | 04/26/2000 | RECORD ON APPEAL w/separates (not rec'd - exhibits | |
8 | 05/19/2000 | MOT. EXT/TIME APPELLANT BRIEF | |
9 | 05/19/2000 | ACTION BY CHIEF JUSTICE - Granted : 06/30/2000 | |
10 | 06/29/2000 | MOT. EXT/TIME APPELLANT BRIEF | |
11 | 06/30/2000 | ACTION BY CHIEF JUSTICE - Granted : 07/21/2000 | |
12 | 07/21/2000 | APPELLANT BRIEF | View |
13 | 07/21/2000 | APPELLANT APPENDIX | |
14 | 07/21/2000 | DISK - ATB | |
15 | 08/07/2000 | SUPPLEMENTAL CLERKS CERT. dated 8/4/00 (Entry Nos. 176 and 177) | |
16 | 08/16/2000 | Defendant's Exhibits 1-16; State's Exhibits 17-19; State's Exhibits 34,35,37,&38 ; Defendant's | |
17 | 08/16/2000 | Exhibit 39; Court's Exhibits A & B | |
18 | 08/18/2000 | ANNOUNCED DISQUALIFICATION : Kapsner, Carol Ronning | |
19 | 08/18/2000 | APPELLEE BRIEF | View |
20 | 08/18/2000 | Attachment to Appellee's Brief | |
21 | 08/18/2000 | DISK - AEB | |
22 | 09/01/2000 | SITTING WITH THE COURT : Leclerc, Lawrence A. | |
23 | 09/26/2000 | Request for Radio/TV Coverage (KFYR-TV) e-mail from Jack McDonald dated 9-26-00 (approved) | |
24 | 10/02/2000 | Request for Radio/TV Coverage (ND Public Radio) e-mail from Jack McDonald dated 10-02-00 (approved) | |
25 | 10/13/2000 | Due to illness & hospitalization of Appellant's counsel, oral argument is rescheduled to Nov. | |
26 | 11/15/2000 | Request for Radio/TV Coverage (Associated Press) (Approved) | |
27 | 11/22/2000 | APPEARANCES: Robert W. Martin; Richard J. Riha, Rick Lee Volk | |
28 | 11/22/2000 | ARGUED: Martin; Riha (Vol. X; page 84) | |
29 | 12/27/2000 | DISPOSITION | |
30 | 12/27/2000 | UNANIMOUS OPINION : Sandstrom, Dale V. | View |
31 | 12/27/2000 | Criminal case - no costs | |
32 | 12/28/2000 | Order/Judgment Mailed to Parties | |
33 | 01/22/2001 | MANDATE | |
34 | 02/06/2001 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE | |
35 | 05/14/2007 | EXPUNGED - Nonpermanent record items destroyed |