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.
(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 |