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State v. Holbach

Docket No. 20060297
Oral Argument: Monday, June 18, 2007 10:45am

Docket Info

Title
State of North Dakota, Plaintiff and Appellee
v.
Mitchell David Holbach, Defendant and Appellant
Case Type
CRIMINAL APPEAL : MISC. STATUTORY OFF. (MISDEMEANOR)
Appeal From
Case No. 06-K-00110
North Central Judicial District, Ward County
Gary H. Lee
2007 ND 114735 N.W.2d 862
Oral Argument 6/18/2007

Highlight

A specific on-the-record colloquy is not necessary to establish the validity of a defendant's waiver of the right to counsel if the record establishes the defendant voluntarily, knowingly, and intelligently waived the right to counsel.


Briefs

Filing Date Description
02/06/2007 APPELLANT BRIEF View
04/10/2007 Appellant's Supplemental Brief View
05/14/2007 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLANT COURT APPOINTED Kent M Morrow - 03503
APPELLEE ASST. STATE'S ATTORNEY Timothy C Wilhelm - 03935

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

Seq. # Filing Date Description Attachment
1 10/26/2006 NOTICE OF APPEAL : 10/17/2006
2 10/26/2006 ORDER FOR TRANSCRIPT : 10/18/2006
3 10/26/2006 SECOND NOTICE OF APPEAL FILED IN THE TRIAL COURT 10-24-2006
4 10/27/2006 RETENTION OF RECORD ON APPEAL : 01/07/2007
5 11/28/2006 TRANSCRIPT DATED 9-18-2006 (original)
6 11/28/2006 DISK - tra (9-18-06) (e-filed)
7 12/04/2006 Affidavit of Service of mailing of Transcript on Benjamin C. Pulkrabek
8 12/07/2006 TRANSCRIPT DATED OCTOBER 13, 2006
9 12/07/2006 DISK - tra (10-13-2006)
10 12/08/2006 MOTION to Withdraw as Counsel, Affidavit and attachments - RspDue : 12/19/2006
11 12/12/2006 Response from Mitchell Holbach to Motion to Withdraw as Counsel
12 12/13/2006 Response Filed by Robert Martin, ND Public Defenders' Office to Motion to Withdraw as Counsel
13 12/14/2006 Letter dated December 12, 2006, from Mitchell Holbach regarding Motion to Withdraw
14 12/20/2006 ACTION BY SUPREME COURT (Mot/Withdraw) - Granted
15 12/20/2006 ORDER OF REMAND (sua sponte to consider waiver of counsel)
16 12/20/2006 Order Mailed to Holbach, Pulkrabek, Martin, Van Grinsven, Trial Court, Clerk
17 01/16/2007 Notice of Appearance of Kent M. Morrow for AT
18 01/16/2007 MOT. EXT/TIME APPELLANT BRIEF
19 01/16/2007 ACTION BY CHIEF DEPUTY CLERK (MAT) - Granted : 02/15/2007
20 01/16/2007 E-FILED MOTION (MAT)
21 01/26/2007 Third Notice of Appeal filed in the trial court on January 24, 2007
22 02/05/2007 RECORD ON APPEAL (2 vols.) & separate #75 (State's Exhibit 2)
23 02/05/2007 Supplemental Clerk's Certificate dated 2-2-07 (Entry Nos. 190 & 191)
24 02/06/2007 APPELLANT BRIEF View
25 02/06/2007 APPELLANT APPENDIX
26 02/06/2007 DISK - ATB (e-mailed)
27 02/07/2007 Supplemental Clerk's Certificate of Record on Appeal dated 2-7-07 with entries 192-196 attached
28 02/07/2007 Fourth Notice of Appeal filed in the trial court on February 6, 2007
29 02/07/2007 ORDER FOR TRANSCRIPT Motion for New Trial Hearing on January 26, 2007 : 02/06/2007
30 02/07/2007 Receipt signed by Renee Hermanson that she has received a copy of the order for transcript
31 02/08/2007 Copy of Acknowledgment of Order for Transcript sent to Kent Morrow
32 02/14/2007 TRANSCRIPT DATED January 26, 2007
33 02/15/2007 DISK-tra(1/26/2007) emailed
34 03/13/2007 MOT. EXT/TIME APPELLANT BRIEF (Supplemental Appellant's Brief and Appendix)
35 03/13/2007 ACTION BY CHIEF JUSTICE - Granted : 04/01/2007
36 03/19/2007 MOTION FOR Order to Show Cause and Set Date for Hearing (faxed by trial court clerk)
37 03/20/2007 Original Motion for Order to Show Cause and Set Date for Hearing
38 03/21/2007 ACTION BY SUPREME COURT (Motion for Order to Show Cause and Set Date for Hearing) - Denied
39 03/21/2007 Order Mailed to Parties
40 03/30/2007 Clerk's Supp. Cert. of Record on Appeal dated March 29, 2007, with entries 197-212 attached
41 04/10/2007 Appellant's Supplemental Brief View
42 04/10/2007 Appellant's Supplemental Appendix
43 04/10/2007 DISK - Appellant's Supplemental Brief (emailed)
44 04/12/2007 Received copies of Order dated 1-22-07 for Supplemental ATA
45 04/13/2007 RETURN OF ROA TO DIST. CT. : 06/01/2007
46 04/19/2007 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
47 05/08/2007 MOT. EXT/TIME APPELLEE BRIEF
48 05/08/2007 ACTION BY Chief Deputy Clerk - Granted : 05/15/2007
49 05/14/2007 APPELLEE BRIEF View
50 05/21/2007 Re-filed ROA (2 Vols.) w/Sep. (Entry Nos. 74,75,228 & 229). Not Rec'd (Entry Nos.104,105 & 108)
51 05/21/2007 Corrected TOA & pages 5, 6, 7, 8, & 9 for AEB
52 05/21/2007 DISK - aeb
53 05/23/2007 Corrected pages 10, 11, 12, 13, 14, & 15 for AEB
54 06/18/2007 APPEARANCES: Kent M. Morrow; Timothy C. Wilhelm
55 06/18/2007 ARGUED: Kent M. Morrow; Timothy C. Wilhelm
56 06/18/2007 ORAL ARGUMENT WEBCAST
57 07/25/2007 DISPOSITION
58 07/25/2007 UNANIMOUS OPINION : Kapsner, Carol Ronning View
59 07/26/2007 Judgment e-mailed to Parties
60 08/16/2007 MANDATE
61 08/20/2007 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
62 08/04/2017 EXPUNGED - Nonpermanent record items destroyed