State v. Moran
Docket Info
- Title
- State of North Dakota, Plaintiff and Appellee
v.
William J. Moran, Defendant and Appellant - Case Type
- CRIMINAL APPEAL : DUI/DUS
- Appeal From
-
Case No. 96-K-02995
South Central Judicial District, Burleigh County
Burt L. Riskedahl
Highlight
Four factors must be weighted to decide whether a defendant's right to a speedy trial has been violated: (1) the length of the delay, (2) the reason for the delay, (3) the accused's assertion of his right to a speedy trial, and (4) the prejudice to the accused.
The State must actively try to serve a warrant, or it risks being negligent for not diligently pursuing the accused.
When the State diligently pursues the defendant, the defendant must prove actual prejudice; when the State intentionally delays prosecution because of a bad-faith motive, prejudice is presumed; and when the State has been negligent by not diligently pursuing the defendant, the weight of the other factors and the length of the delay controls whether prejudice must be actual or may be presumed.
The State does not err in its closing argument when it does not refer to its burden of proof so long as it does not imply a lesser burden of proof.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
Seq. # | Filing Date | Description | Attachment |
---|---|---|---|
1 | 07/20/2005 | NOTICE OF APPEAL : 07/13/2005 | |
2 | 07/20/2005 | ORDER FOR TRANSCRIPT : 07/13/2005 | |
3 | 07/20/2005 | RETENTION OF RECORD ON APPEAL & acknowledgement of order for transcript : 09/01/2005 | |
4 | 08/29/2005 | RECORD ON APPEAL & Exhibits (Not rec'd: #33--Court Reporter Notes) | |
5 | 09/01/2005 | TRANSCRIPTS DATED 6-15-05 & 7-1-05 (2 vols.) | |
6 | 09/01/2005 | DISK - tra (6-15-05 & 7-1-05) | |
7 | 10/10/2005 | APPELLANT BRIEF | View |
8 | 10/10/2005 | APPELLANT APPENDIX | |
9 | 10/11/2005 | DISK of ATB (e-mailed) | |
10 | 11/04/2005 | MOT. EXT/TIME APPELLEE BRIEF (faxed) | |
11 | 11/04/2005 | E-FILED MOTION (MAE) | |
12 | 11/04/2005 | ACTION BY CLERK (MAE, w/understanding OA will be heard in Jan.) - Granted : 12/09/2005 | |
13 | 12/09/2005 | APPELLEE BRIEF | |
14 | 12/12/2005 | CORRECTED APPELLEE BRIEF | View |
15 | 12/12/2005 | DISK - Corrected AEB (e-mailed) | |
16 | 01/06/2006 | Request for Radio/TV Coverage - AP (e-mail dated 1-06-06 from Dale Wetzel) (authorized) | |
17 | 01/12/2006 | APPEARANCES: Michael R. Hoffman; Julie A. Lawyer | |
18 | 01/12/2006 | ARGUED: Hoffman; Lawyer | |
19 | 01/12/2006 | ORAL ARGUMENT WEBCAST | |
20 | 03/29/2006 | DISPOSITION | |
21 | 03/29/2006 | UNANIMOUS OPINION : Sandstrom, Dale V. | View |
22 | 04/04/2006 | Judgment Mailed to Parties | |
23 | 04/12/2006 | MOTION FOR STAY OF MANDATE | |
24 | 04/18/2006 | Affidavit in Support of Motion for Stay of Mandate | |
25 | 04/20/2006 | ACTION BY CHIEF JUSTICE (Mot/Stay/Mandate) - Granted : 07/18/2006 | |
26 | 07/20/2006 | MANDATE | |
27 | 07/25/2006 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE | |
28 | 12/15/2015 | EXPUNGED - Nonpermanent record items destroyed |