State v. Causer
Docket Info
- Title
- State of North Dakota, Plaintiff and Appellee
v.
Dana Causer, Defendant and Appellant - Case Type
- CRIMINAL APPEAL : SEXUAL OFFENSE
- Appeal From
-
Case No. 94-K-4356
Northeast Judicial District, Ramsey County
John C. McClintock, Jr.
Highlight
The State is required to provide prior written notice of the alleged probation violations to a probationer.
The trial court is not required to inform a probationer of his statutory right to appeal from a probation revocation. A probationer has no constitutional right to appeal and there is no notification requirement in North Dakota's statutes or rules of procedure.
A probationer does not have a constitutional right to counsel on appeal from a probation revocation because there is no constitutional right to appeal. A trial court has no duty to inform a probationer of his state-granted right to counsel, nor does a trial court have a duty to appoint counsel for a probationer, absent a probationer's request.
A probationer's right against double jeopardy is not violated by a trial court's imposition of additional probation as part of resentencing after probation is revoked.
North Dakota's statutory scheme provides a probationer with actual notice that a probation violation could result in the imposition of a sentence more severe than his originally imposed sentence.
Counsel
Party | Type | Name |
---|---|---|
APPELLEE | STATE'S ATTORNEY | Lonnie Olson - 04526 |
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
Seq. # | Filing Date | Description | Attachment |
---|---|---|---|
1 | 04/24/2003 | NOTICE OF APPEAL : 04/22/2003 | |
2 | 05/22/2003 | RECORD ON APPEAL (Not rec'd: #154(Exh.1); 155(Exh.2); 156(Exh.3); 157(Exh.4); 158(Exh.5); | |
3 | 05/22/2003 | 159(Exh.6);160(Exh.7);161(Exh.8);162(Exh.9);163(Exh.10); & 164(Exh.11) | |
4 | 06/03/2003 | MOT. EXT/TIME APPELLANT BRIEF with notice and affidavit in support | |
5 | 06/03/2003 | ACTION BY CLERK - Granted : 07/01/2003 | |
6 | 06/18/2003 | Supplemental Clerk's Certificate dated 6-17-03 (Entry Nos. 169-172) | |
7 | 07/21/2003 | TRANSCRIPT DATED April 11, 2003 | |
8 | 07/21/2003 | DISK - TRA of 4-11-03 | |
9 | 08/27/2003 | S.Ct. Not. of Dismissal/Failure to Proceed - RspDue : 09/08/2003 | |
10 | 09/03/2003 | NO ACTION TAKEN (MSN) | |
11 | 09/03/2003 | MOT. EXT/TIME APPELLANT BRIEF | |
12 | 09/03/2003 | ACTION BY CHIEF JUSTICE (MAT) - Granted : 10/06/2003 | |
13 | 09/05/2003 | Supplemental Clerk's Certificate dated 9-3-03 (Entry Nos. 173-175) | |
14 | 10/06/2003 | APPELLANT BRIEF | View |
15 | 10/06/2003 | APPELLANT APPENDIX (returned in light of filing of Amended Appendix) | |
16 | 10/10/2003 | DISK - ATB (e-mailed) | |
17 | 10/14/2003 | Rec'd "original" of ATB | |
18 | 10/15/2003 | SUPPLEMENTAL CLERK'S CERTIFICATE DATED 10-15-03 (Entry Nos. 176-178) | |
19 | 10/23/2003 | AMENDED APPELLANT APPENDIX | |
20 | 10/27/2003 | APPELLEE BRIEF | View |
21 | 10/28/2003 | DISK - AEB | |
22 | 11/03/2003 | MOTION FOR WAIVER OF ENTIRE OA (letter dated 10-31-03 from Dana Causer) | |
23 | 11/10/2003 | REPLY BRIEF | View |
24 | 11/17/2003 | DISK - RYB (emailed) | |
25 | 11/18/2003 | Certificate of Service by Mail of RYB on Lonnie Olson (mailed November 15, 2003) | |
26 | 11/21/2003 | ACTION BY SUPREME COURT (OA will not be waived) - Denied | |
27 | 11/28/2003 | Request for Waiver of Oral Argument on behalf of State | |
28 | 12/04/2003 | Letter from Dana Causer indicating he does not want to waive oral argument. | |
29 | 12/04/2003 | ACTION BY SUPREME COURT (OA will not be waived) - Denied | |
30 | 12/08/2003 | APPEARANCES: Dana Causer (accompanied by Craig Theurer NDSP); Lonnie Olson | |
31 | 12/08/2003 | ARGUED: Causer; Olson (Vol. Y; Page 180) | |
32 | 12/08/2003 | ORAL ARGUMENT WEBCAST | |
33 | 04/13/2004 | DISPOSITION | |
34 | 04/13/2004 | UNANIMOUS OPINION : Neumann, William A. | View |
35 | 04/14/2004 | Judgment Mailed to Parties | |
36 | 05/05/2004 | MANDATE | |
37 | 08/09/2004 | Notice the Petition for Writ of Certiorari has been filed with US Supreme Court | |
38 | 10/11/2004 | Letter from Clerk of US Supreme Court William Suter re: pet/writ/certiorari is denied | |
39 | 05/07/2004 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE | |
40 | 08/23/2010 | EXPUNGED - Nonpermanent record items destroyed |