State v. Mulske
Docket No. 20060184
Oral Argument:
Thursday, January 18, 2007 4:00pm
Docket Info
- Title
- State of North Dakota, Plaintiff and Appellee
v.
Daniel Mulske, Defendant and Appellant - Case Type
- CRIMINAL APPEAL : THEFT
- Appeal From
-
Case No. 05-K-01505
Southwest Judicial District, Stark County
Ronald L. Hilden
2007 ND 43729 N.W.2d 129
Highlight
If an accused desires to exercise his constitutional right to testify, the accused must act affirmatively and express to the court his desire to do so at the appropriate time or a knowing and voluntary waiver of the right is deemed to have occurred.
Unlike other constitutional rights that can be waived only after the court makes a formal inquiry, the court does not have a duty to verify that the defendant who is not testifying has waived his or her right voluntarily. Instead, the court is entitled to presume the attorney and the client discussed the right, and the defendant voluntarily agreed upon the final decision.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
Seq. # | Filing Date | Description | Attachment |
---|---|---|---|
1 | 06/23/2006 | NOTICE OF APPEAL : 06/21/2006 | |
2 | 06/23/2006 | ORDER FOR TRANSCRIPT : 06/21/2006 | |
3 | 07/14/2006 | Notice of Appearance; William S. Kirschner replaces Kevin McCabe as counsel & Aff./Service by mail | |
4 | 07/18/2006 | RECORD ON APPEAL & SEPARATES (ENTRY NOS. 8 & 34) | |
5 | 08/01/2006 | TRANSCRIPT DATED May 4, 2006 | |
6 | 08/01/2006 | DISK - tra (5/4/06) (e-mailed) | |
7 | 09/08/2006 | MOT. EXT/TIME APPELLANT BRIEF | |
8 | 09/09/2006 | E-FILED MOTION (MAT) | |
9 | 09/08/2006 | ACTION BY CHIEF JUSTICE (MAT) - Granted : 10/25/2006 | |
10 | 11/03/2006 | S.Ct. Not. of Dismissal/Failure to Proceed - RspDue : 11/13/2006 | |
11 | 11/08/2006 | NO ACTION TAKEN (MSN) | |
12 | 11/08/2006 | MOT. EXT/TIME APPELLANT BRIEF (e-filed) | |
13 | 11/08/2006 | E-FILED MOTION (Mot/Ext) | |
14 | 11/08/2006 | APPELLANT BRIEF | View |
15 | 11/08/2006 | E-FILED BRIEF (ATB) | |
16 | 11/09/2006 | ACTION BY CHIEF JUSTICE (MAT) - Granted : 11/08/2006 | |
17 | 11/14/2006 | Received $25 surcharge for ATB (Receipt #17172) | |
18 | 11/14/2006 | Made copies of ATB | |
19 | 11/22/2006 | APPELLANT APPENDIX | |
20 | 12/07/2006 | APPELLEE BRIEF | View |
21 | 12/08/2006 | DISK - AEB | |
22 | 12/12/2006 | Letter from James Hope that there is no page 6 for the Appellee's Brief | |
23 | 12/21/2007 | Letter dated 12/21/06 from Mr. Kirschner stating he will not be available for oral argument | |
24 | 12/29/2006 | Motion to waive oral argument on behalf of Appellee | |
25 | 01/02/2007 | ACTION BY SUPREME COURT (Motion to waive oral argument on behalf of Appellee) - Granted | |
26 | 01/18/2007 | APPEARANCES: submitted on brief for AT due to counsel's unavailability; submitted on brief for AE | |
27 | 01/18/2007 | under N.D.R.App.P. 34(f) | |
28 | 01/18/2007 | ARGUED: submitted on records and briefs filed | |
29 | 03/22/2007 | DISPOSITION | |
30 | 03/22/2007 | UNANIMOUS OPINION : Sandstrom, Dale V. | View |
31 | 03/23/2007 | Judgment Mailed to Parties | |
32 | 04/17/2007 | MANDATE | |
33 | 04/19/2007 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE | |
34 | 07/25/2007 | Corrected Opinion Page 4, last line of para. 11 | |
35 | 10/14/2016 | EXPUNGED - Nonpermanent record items destroyed |