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State v. Schneeweiss

Docket No. 20000295
Oral Argument: Thursday, May 3, 2001 10:15am

Docket Info

Title
State of North Dakota, Plaintiff and Appellee
v.
Eugene Schneeweiss, Defendant and Appellant
Case Type
CRIMINAL APPEAL : DUI/DUS
Appeal From
Case No. 99-K-02159
South Central Judicial District, Morton County
Donald L. Jorgensen
2001 ND 120630 N.W.2d 482
Oral Argument 5/3/2001

Highlight

Defendants have the right to court-appointed counsel at public expense in all felony cases and in all non-felony cases, unless the sentence upon conviction will not include imprisonment, only if they are eligible under the guidelines governing indigency.
Non-indigent defendants also have the right to court-appointed counsel, at their own expense, if they are unable to secure the assistance of counsel.
A trial court has discretion to substitute appointed counsel if a defendant shows good cause for the substitution.
A trial court has discretion to determine whether to grant a continuance of trial to change counsel and may consider the time required for trial preparation and the diligence of the moving party.
Defendants may voluntarily waive their right to counsel, or their conduct may be the functional equivalent of a voluntary waiver, but the waiver must be made knowingly and intelligently.

Briefs

Filing Date Description
03/21/2001 APPELLANT BRIEF View
04/19/2001 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLEE STATE'S ATTORNEY Allen M Koppy - 04201
APPELLEE ASST. STATE'S ATTORNEY Ladd Ronald Erickson - 05220

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

Seq. # Filing Date Description Attachment
1 10/30/2000 NOTICE OF APPEAL : 10/27/2000
2 10/31/2000 ORDER FOR TRANSCRIPT : 10/30/2000
3 11/24/2000 RECORD ON APPEAL, EXHIBITS, and Final Jury Instructions
4 12/11/2000 TRANSCRIPTS DATED JANUARY 10, 2000, FEBRUARY 28, 2000, AND OCTOBER 19, 2000
5 12/19/2000 DISK - TRA's filed 12/11/2000
6 01/19/2001 MOT. EXT/TIME APPELLANT BRIEF
7 01/19/2001 ACTION BY CLERK - Granted : 02/19/2001
8 02/07/2001 Transcript dated July 6, 2000 (withdrawal of counsel)
9 02/08/2001 DISK - transcript dated 7/6/00
10 02/16/2001 MOT. EXT/TIME APPELLANT BRIEF
11 02/16/2001 ACTION BY SUPREME COURT (WAN) - Granted : 03/21/2001
12 02/21/2001 Transcript of Hearing Vacating Court-Appointed Counsel dated 10-9-00
13 02/21/2001 DISK - TRA (10-9-00)
14 03/21/2001 APPELLANT BRIEF View
15 03/21/2001 APPELLANT APPENDIX
16 03/21/2001 DISK - ATB
17 04/19/2001 APPELLEE BRIEF View
18 04/19/2001 APPELLEE APPENDIX
19 04/19/2001 DISK - aeb
20 04/25/2001 Corrected Table of Authorities & page for AEB
21 04/25/2001 DISK - Corrected AEB
22 05/03/2001 APPEARANCES: Wayne D. Goter; Allen Koppy
23 05/03/2001 ARGUED: Goter; Koppy (Vol. X; page 129)
24 07/10/2001 DISPOSITION
25 07/10/2001 UNANIMOUS OPINION : Kapsner, Carol Ronning View
26 07/11/2001 Order/Judgment Mailed to Parties
27 07/25/2001 Mot. Ext/Time Petition for Rehearing
28 07/25/2001 ACTION BY CLERK - Granted : 08/03/2001
29 08/03/2001 PETITION FOR REHEARING View
30 08/03/2001 DISK - PER
31 08/30/2001 ACTION BY SUPREME COURT (PER) - Denied
32 09/07/2001 MANDATE
33 09/11/2001 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
34 07/09/2007 EXPUNGED - Nonpermanent record items destroyed