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State v. Helmenstein

Docket No. 20000062
Oral Argument: Wednesday, November 22, 2000 10:45am

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
2000 ND 223620 N.W.2d 581

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.

Briefs

Filing Date Description
07/21/2000 APPELLANT BRIEF View
08/18/2000 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLANT COURT APPOINTED Robert Wade Martin - 04636
APPELLEE ASST. STATE'S ATTORNEY Rick Lee Volk - 04913
APPELLEE STATE'S ATTORNEY Richard James Riha - 03861

(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