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State v. Smith

Docket No. 20050181
Oral Argument: Wednesday, March 22, 2006 10:45am

Docket Info

Title
State of North Dakota, Plaintiff and Appellee
v.
Cory Daniel Smith, Defendant and Appellant
Case Type
CRIMINAL APPEAL : OTHER (Crim.)
Appeal From
Case No. 04-K-02416
East Central Judicial District, Cass County
Georgia Dawson
2006 ND 53711 N.W.2d 606
Oral Argument 3/22/2006

Highlight

Convictions of attempted kidnapping, aggravated assault, and terrorizing are summarily affirmed under N.D.R.App.P. 35.1(a)(3).


Briefs

Filing Date Description
01/11/2006 APPELLANT BRIEF (Scanned) View
02/13/2006 APPELLEE BRIEF View
02/23/2006 REPLY BRIEF of Appellant View

Counsel

Party Type Name
APPELLEE ASST. STATE'S ATTORNEY Mark Rainer Boening - 03797

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

Seq. # Filing Date Description Attachment
1 05/25/2005 NOTICE OF APPEAL : 05/23/2005
2 05/25/2005 ORDER FOR TRANSCRIPT : 05/23/2005
3 05/25/2005 RETENTION OF RECORD ON APPEAL : 07/12/2005
4 07/21/2005 MOT. EXT/TIME TRANSCRIPT (Steven Randall)
5 07/21/2005 ACTION BY TRIAL COURT (Judge Dawson) - Granted : 08/22/2005
6 08/05/2005 TRANSCRIPTS DATED May 9, 10, 11, & 12, 2005 (4 volumes)
7 08/08/2005 DISKS (TRA) (5/9/05, 5/10/05, 5/11/05, & 5/12/05)
8 08/10/2005 RECORD ON APPEAL and separates including transcripts dated 7-22-05 9-15-04, and exhibits.
9 08/10/2005 Not sent were Nos. 10, 24, 28, 35, 53, 58, 65, 91, (Tapes), and 144, (Steno Notes)
10 09/22/2005 S.Ct. Not. of Dismissal/Failure to Proceed - RspDue : 10/03/2005
11 09/28/2005 Response to S.Ct. Not. of Dismissal, entitled "Affidavit for Continuance of Appeal" from Mr. Smith
12 09/28/2005 NO ACTION TAKEN (MSN)
13 09/30/2005 MOT. ENLARGEMENT OF TIME TO FILE THE APPELLANT'S BRIEF
14 09/30/2005 E-FILED MOTION (MAT)
15 10/06/2005 ACTION BY CHIEF JUSTICE (MAT) - Granted : 10/31/2005
16 10/06/2005 Clerk's Supplemental Cert. of ROA dated October 5, 2005, with entries 155-159 attached
17 10/31/2005 Appellant's Brief (Withdrawn on 11-17-05)
18 10/31/2005 Appellant's Appendix (Withdrawn 11-17-05)
19 11/01/2005 DISK - ATB (Withdrawn on 11-17-05)
20 11/07/2005 MOTION to Strike Brief [of Appellant] and Certificate of Service by Mail
21 11/15/2005 Copy of Order on Motion to Dismiss Court Appointed Counsel (Mot. was granted)
22 11/16/2005 Clerk's Supp. Cert. of Record on Appeal dated November 15, 2005, with entries 161--170 attach. Not
23 11/16/2005 recieved was entry 160 (receipt).
24 11/17/2005 ACTION BY CHIEF JUSTICE (Mot. to Strike Brief) - Granted
25 11/17/2005 Reset due date for Appellant's Brief (ATB/ATA previously filed were withdrawn)
26 11/17/2005 ACTION BY CHIEF JUSTICE (MAT) - Granted : 12/19/2005
27 12/16/2005 MOT. EXT/TIME APPELLANT BRIEF
28 12/16/2005 ACTION BY CHIEF JUSTICE (MAT) - Granted : 01/18/2006
29 01/11/2006 APPELLANT BRIEF (Scanned) View
30 01/11/2006 Addendum attached to ATB
31 01/11/2006 APPELLANT APPENDIX
32 01/20/2006 DISK NONCOMPLIANCE - ATB with Certificate of Service
33 02/13/2006 APPELLEE BRIEF View
34 02/13/2006 E-FILED BRIEF (AEB)
35 02/13/2006 Affidavit of Service by Mail (AEB)
36 02/16/2006 Payment of $25 fee for filing electronic AEB (Receipt 16759)
37 02/16/2006 Copies made of e-filed AEB
38 02/22/2006 Letter from Mark Boening dated 2-21-06 RE: Consent for Renata Olafson Selzer to Appear
39 02/23/2006 REPLY BRIEF of Appellant View
40 02/24/2006 DISK NONCOMPLIANCE (RYB) (SCANNED)
41 03/03/2006 Certificate of Service by Mail of Appellant's Brief & Appendix on January 11, 2006, on Mark Boening
42 03/03/2006 Certificate of Service by Mail of Reply Brief on February 23, 2006, to Mark Boening
43 03/22/2006 APPEARANCES: Cory Daniel Smith, Pro se, and Officer Flint Hintz; Mark R. Boening, Asst. State's
44 03/22/2006 Attorney
45 03/22/2006 ARGUED: Smith; Boening
46 03/22/2006 ORAL ARGUMENT WEBCAST
47 03/29/2006 DISPOSITION
48 03/29/2006 UNANIMOUS OPINION : Per Curiam View
49 04/04/2006 Judgment Mailed to Parties
50 04/04/2006 Mot. Ext/Time Petition for Rehearing
51 04/04/2006 ACTION BY CLERK (MPR) - Granted : 04/18/2006
52 04/17/2006 PETITION FOR REHEARING View
53 04/19/2006 DISK NONCOMPLIANCE (PER) (scanned)
54 05/11/2006 ACTION BY SUPREME COURT (PER) - Denied
55 05/22/2006 MANDATE
56 05/25/2006 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
57 10/15/2015 EXPUNGED - Nonpermanent record items destroyed