State v. Myers
Docket No. 20050368
Oral Argument:
Tuesday, September 5, 2006 9:00am
Docket Info
- Title
- State of North Dakota, Plaintiff and Appellee
v.
Daniel Myers, Defendant and Appellant - Case Type
- CRIMINAL APPEAL : DRUGS/CONTRABAND
- Appeal From
-
Case No. 03-K-01839
South Central Judicial District, Burleigh County
Bruce B. Haskell
2006 ND 242724 N.W.2d 168
Oral Argument
9/5/2006
Highlight
A fundamental principle of constitutional law is that a prosecutor may not comment on a defendant's failure to testify in a criminal case.
When there is an adjournment of proceedings in a jury trial, the district court must admonish a jury that it is their duty not to converse among themselves nor with anyone else on any subject connected with the trial, nor to form or express any opinion thereon, until the case is finally submitted to them.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
| Seq. # | Filing Date | Description | Attachment |
|---|---|---|---|
| 1 | 10/25/2005 | NOTICE OF APPEAL : 10/20/2005 | |
| 2 | 10/25/2005 | ORDER FOR TRANSCRIPT : 10/20/2005 | |
| 3 | 11/18/2005 | RECORD ON APPEAL including separate PSI. Not sent was No. 132 (Tapes) | |
| 4 | 12/01/2005 | TRANSCRIPT DATED June 24, 2005 and September 27, 2005, (in 1 Volume) | |
| 5 | 12/01/2005 | DISK - TRA (6/24/05 & 9/27/05) | |
| 6 | 01/10/2006 | MOT. EXT/TIME APPELLANT BRIEF, Brief in Support, Notice of Mot. (faxed) | |
| 7 | 01/10/2006 | E-FILED MOTION (MAT) | |
| 8 | 01/10/2006 | ACTION BY CHIEF DEPUTY CLERK (MAT) - Granted : 02/09/2006 | |
| 9 | 02/09/2006 | Notice of Appointment of Counsel (Wayne D. Goter) (faxed) | |
| 10 | 02/09/2006 | Reset due date for ATB in light of Mr. Goter's recent appointment | |
| 11 | 02/09/2006 | Reset due date for ATB in light of Mr. Goter's recent appointment - Granted : 03/13/2006 | |
| 12 | 02/10/2006 | Notice of Appearance as counsel for Appellant (Wayne Goter) | |
| 13 | 03/07/2006 | MOT. EXT/TIME APPELLANT BRIEF (due to conflict of interest) | |
| 14 | 03/07/2006 | ACTION BY CLERK - Granted : 04/12/2006 | |
| 15 | 04/07/2006 | Appellant Brief (Withdrawn) | |
| 16 | 04/07/2006 | ADDENDUM ATTACHED TO APPELLANT'S BRIEF | |
| 17 | 04/07/2006 | APPELLANT APPENDIX | |
| 18 | 04/07/2006 | DISK - ATB | |
| 19 | 04/21/2006 | Transcript of Opening Statements and Closing Arguments dated June 24, 2005 | |
| 20 | 04/21/2006 | DISK - tra (6/24/05--Opening Statements & Closing Arguments) | |
| 21 | 04/26/2006 | MOTION TO WITHDRAW ATB, WHICH WAS FILED BY SUPREME COURT ON 04-07-06, AND BRIEF IN SUPPORT | |
| 22 | 04/26/2006 | ACTION BY CLERK (Mot to withdraw ATB) - Granted | |
| 23 | 04/26/2006 | MOT. EXT/TIME REPLACEMENT APPELLANT BRIEF (Part of Motion to withdraw ATB) | |
| 24 | 04/26/2006 | ACTION BY CLERK (MAT) - Granted : 05/26/2006 | |
| 25 | 05/17/2006 | APPELLANT BRIEF (replacement) | View |
| 26 | 05/19/2006 | Corrected page 12 for ATB | |
| 27 | 05/19/2006 | DISK - atb (e-mailed) | |
| 28 | 06/14/2006 | APPELLEE BRIEF | View |
| 29 | 06/14/2006 | DISK - AEB (emailed) | |
| 30 | 09/05/2006 | APPEARANCES: Benjamin C. Pulkrabek; Cynthia M. Feland, Asst. State's Attorney | |
| 31 | 09/05/2006 | ARGUED: Pulrabek; Feland | |
| 32 | 09/05/2006 | ORAL ARGUMENT WEBCAST | |
| 33 | 11/28/2006 | DISPOSITION | |
| 34 | 11/28/2006 | UNANIMOUS OPINION : VandeWalle, Gerald W. | View |
| 35 | 11/29/2006 | Judgment Mailed to Parties | |
| 36 | 12/07/2006 | PETITION FOR REHEARING | View |
| 37 | 12/08/2006 | DISK - PER | |
| 38 | 12/13/2006 | ACTION BY SUPREME COURT (PER ) - Denied : 12/13/2006 | |
| 39 | 12/26/2006 | MANDATE | |
| 40 | 01/11/2007 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE | |
| 41 | 02/11/2016 | EXPUNGED - Nonpermanent record items destroyed |