State v. Loughead
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.
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.
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 |