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State v. Loughead

Docket No. 20060160
Oral Argument: Thursday, January 18, 2007 4:00pm

Docket Info

Title
State of North Dakota, Plaintiff and Appellee
v.
Kenneth Robert Loughead, Defendant and Appellant
Case Type
CRIMINAL APPEAL : MISC. STATUTORY OFF. (MISDEMEANOR)
Appeal From
Case No. 05-K-00230
Northeast Judicial District, McHenry County
John C. McClintock, Jr.
2007 ND 16726 N.W.2d 859

Highlight

A person does not have a constitutional right to confront a mere informer who does not testify against him.
There is a presumption of regularity in prosecutorial conduct, and in the absence of clear evidence to the contrary, courts presume that they have properly discharged their official duties.
In the ordinary case, so long as the prosecutor has probable cause to believe the accused committed an offense, the decision whether to prosecute and what charges to file generally rests within the prosecutor's discretion.
The government may not base its decision to prosecute on a constitutionally unjustifiable standard such as race, religion, or other arbitrary classification.
The government, upon the defendant's request, must disclose statements of the defendant, the defendant's previous record, documents and objects, any reports of examinations and tests, and information concerning expert witnesses within the government's possession, custody, or control.

Briefs

Filing Date Description
11/20/2006 APPELLANT BRIEF View
12/20/2006 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLEE STATE'S ATTORNEY Robin Lynn Thompson Gordon - 05035

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

Seq. # Filing Date Description Attachment
1 06/01/2006 NOTICE OF APPEAL : 05/30/2006
2 06/07/2006 ORDER FOR TRANSCRIPT : 06/06/2006
3 06/09/2006 RETENTION OF RECORD ON APPEAL : 07/26/2006
4 06/09/2006 Request for advance payment of transcript (letter dated June 8, 2006, from Debra Martinson)
5 06/15/2006 Copy of trial court Order granting stay pending appeal
6 06/23/2006 MOTION Regarding Rule 52 N,D.R.Cv.P.
7 06/23/2006 ACTION BY CHIEF JUSTICE (MOT re Rule 52) - Denied
8 06/23/2006 MOTION FOR REMAND
9 06/23/2006 ACTION BY CHIEF JUSTICE (Mot for Remand) (grant limited remand) - Granted
10 06/23/2006 ORDER OF REMAND (Temporary remand for the limited purpose of considering pending Mot Arresting
11 06/23/2006 Judgment & Mot for Post Conviction Relief. (Briefing Schedule is stayed)
12 07/12/2006 trial court's order denying Motion Arresting Judgment and Motion for Post Conviction Relief(faxed)
13 07/19/2006 Ltr from Deb Martinson, Ct. Rptr. stating TRA will not be filed due to no advance payment from AT.
14 07/20/2006 MOT. EXT/TIME APPELLANT BRIEF (reset due date because of no advance payment for TRA)
15 07/20/2006 ACTION BY CLERK (Reset due date. Suspension of TRA for failue to file advance payment) - Granted : 07/10/2006
16 07/24/2006 MOT. EXT/TIME APPELLANT BRIEF (in Letter form dtd 7-21-06)
17 07/24/2006 ACTION BY CLERK (MAT) - Granted : 08/23/2006
18 07/25/2006 AMENDED NOTICE OF APPEAL
19 07/31/2006 RECORD ON APPEAL AND STATE'S EXHIBITS 1-4 & 6-9 (ENTRY NO. 44). NOT REC'D-ENTRY NOS. 45&46 (STENO)
20 08/16/2006 MOT. EXT/TIME TRANSCRIPT
21 08/16/2006 ACTION BY CLERK (MTR) - Granted : 09/15/2006
22 08/16/2006 Time for filing ATB reset to 40 days after TRA filed
23 08/16/2006 ACTION BY CLERK (MAT) - Granted : 10/25/2006
24 09/12/2006 TRANSCRIPTS DATED March 22, 2006 and May 18, 2006
25 09/15/2006 DISK - TRA of 3-22-06 & 5-18-06
26 10/11/2006 MOT. EXT/TIME APPELLANT BRIEF (letter dated 10-06-06 from Ken Loughead)
27 10/13/2006 ACTION BY ACTING CHIEF JUSTICE - Granted : 11/21/2006
28 11/20/2006 APPELLANT BRIEF View
29 11/20/2006 APPELLANT APPENDIX
30 11/21/2006 DISK NONCOMPLIANCE (ATB handwritten)
31 11/30/2006 Copies of Docket Sheet of Lower Court, Amended NOA, & 2 pages of Request for Findings of Fact &
32 11/30/2006 Conclusions of Law
33 12/07/2006 Request for continuance of oral argument from Mr. Loughead 12-6-06 (letter form)
34 12/20/2006 APPELLEE BRIEF View
35 12/20/2006 DISK NONCOMPLIANCE (Certificate Regarding Electronic Copy)
36 12/21/2006 S.CT. DETERMINED ORAL ARGUMENT NOT NECESSARY
37 12/28/2006 8 cc of corrected TOA and pgs for AEB
38 01/17/2007 MOTION to Strike under N.D.R.Civ.P. 12(f) (Appellee's brief) - (via fax)
39 01/17/2007 MOTION to dismiss under N.D.R.Ev. 509(c)(2) - (via fax)
40 01/17/2007 MOTION for judgment on the pleadings N.D.R.Civ.P. 12(c) - (via fax)
41 01/18/2007 ACTION BY CHIEF JUSTICE (Motion to dismiss) - Denied
42 01/18/2007 ACTION BY CHIEF JUSTICE (Motion for judgment on the pleadings) - Denied
43 01/18/2007 NO SEPARATE ACTION TAKEN (Mot/Strike)
44 01/18/2007 APPEARANCES: submitted under N.D.R.App.P. 34(a)(2) on the records and briefs filed
45 01/18/2007 ARGUED: submitted under N.D.R.App.P. 34(a)(2) on the records and briefs filed
46 01/22/2007 State's Response to Appellant's Motion to Strike Rule 12(f) N.D.R.Cv.Proc., Motion to Dismiss
47 01/22/2007 R 509(c)(2) N.D.R.Evidence, and Motion for Judgment on the Pleadings at A&B R 12(c) N.D.R.Cv.P.
48 02/01/2007 DISPOSITION
49 02/01/2007 UNANIMOUS OPINION : Kapsner, Carol Ronning View
50 02/02/2007 Judgment Mailed to Parties
51 02/12/2007 Mot. Ext/Time Petition for Rehearing (letter form)
52 02/12/2007 ACTION BY CHIEF JUSTICE - Granted : 03/17/2007
53 02/15/2007 Clerk's Addendum to Certificate of Record dated February 14, 2007, with entires 95-106 attached
54 02/20/2007 Supplemental Clerk's Certificate dated 2-15-07 (Entry Nos. 107-109)
55 02/23/2007 Supplemental Clerk's Certificate dated 2-22-07 (Entry Nos. 110-113)
56 03/19/2007 PETITION FOR REHEARING (scanned) View
57 04/04/2007 Proof of Service of PER on opposing counsel (faxed)
58 04/04/2007 DISK NONCOMPLIANCE (PER) (Faxed ltr from Ken Loughead)(combined w/proof of service of PER)
59 04/10/2007 ACTION BY SUPREME COURT (PER) - Denied
60 04/25/2007 MANDATE
61 04/26/2007 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
62 10/11/2016 EXPUNGED - Nonpermanent record items destroyed