State v. Darby
Docket No. 20070092
Oral Argument:
Monday, March 3, 2008 10:45am
Docket Info
- Title
- State of North Dakota, Plaintiff and Appellee
v.
Vonnie Darin Darby, Defendant and Appellant - Case Type
- CRIMINAL APPEAL : THEFT
- Appeal From
-
Case No. 06-K-03706
East Central Judicial District, Cass County
Steven E. McCullough
2008 ND 43747 N.W.2d 136
Oral Argument
3/3/2008
Highlight
A criminal judgment for burglary and simple assault is summarily affirmed under N.D.R.App.P. 35.1(a)(4) and (7).
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
| Seq. # | Filing Date | Description | Attachment |
|---|---|---|---|
| 1 | 03/29/2007 | NOTICE OF APPEAL : 03/22/2007 | |
| 2 | 03/29/2007 | ORDER FOR TRANSCRIPT : 03/22/2007 | |
| 3 | 04/09/2007 | TRANSCRIPT DATED November 30, 2006 (copy - original is part of ROA & will be sent with ROA) | |
| 4 | 04/09/2007 | DISK of tra dated 11-30-06 (e-mailed) | |
| 5 | 04/11/2007 | Certificate of Service for transcript | |
| 6 | 04/17/2007 | RECORD ON APPEAL (3 Volumes) w/Separates (Entry Nos. 45, 60, 61, 104, & 159). | |
| 7 | 04/17/2007 | Not rec'd w/ROA were Entry Nos. 4, 10, 62, 160, & 195. | |
| 8 | 05/03/2007 | Transcript dated October 4, 2006 | |
| 9 | 05/03/2007 | DISK - tra (10-4-06) (e-mailed) | |
| 10 | 05/04/2007 | Certificate of Service of Copies of Transcript dated 10-4-06 | |
| 11 | 05/09/2007 | Copy of Transcript dated 10-11-06 (Original is Entry No. 45 of the ROA) | |
| 12 | 05/09/2007 | DISK - tra (10-11-06 (E-mailed) | |
| 13 | 05/11/2007 | Certificate of Service of the 10-11-06 transcript on parties | |
| 14 | 06/27/2007 | TRANSCRIPTS DATED April 9, 2007, and May 7, 2007 | |
| 15 | 06/27/2007 | DISK - TRAs of April 9 and May 7, 2007 | |
| 16 | 07/06/2007 | Amended Request for Order of Transcripts | |
| 17 | 07/06/2007 | MOT. EXT/TIME TRANSCRIPT (sua sponte) | |
| 18 | 07/06/2007 | ACTION BY CLERK (MTR/sua sponte) - Granted : 08/31/2007 | |
| 19 | 07/06/2007 | RETURN OF ROA TO DIST. CT. : 08/07/2007 | |
| 20 | 08/30/2007 | MOT. EXT/TIME TRANSCRIPT | |
| 21 | 08/31/2007 | ACTION BY CLERK (MTR) - Granted : 09/18/2007 | |
| 22 | 09/07/2007 | Re-filed RECORD ON APPEAL (3 Volumes) w/Separates (Entry Nos. 45, 60, 61, 104, 159, 218 & 219). | |
| 23 | 09/07/2007 | Not rec'd w/ROA were Entry Nos. 4, 10, 62, 160, 195, 202, & 231. | |
| 24 | 09/18/2007 | TRANSCRIPTS DATED March 13 - 15, 2007 (3 Volumes), February 21, 2007, and July 13, 2007 | |
| 25 | 09/19/2007 | DISK - Transcripts dated March 13-15 & Feb 21 & July 13, 2007 (e-mailed) | |
| 26 | 09/19/2007 | TRANSCRIPT DATED 08/27/2007 | |
| 27 | 09/19/2007 | DISK - tra (8-27-07)(e-mailed) | |
| 28 | 09/20/2007 | Certificate of Service of Transcripts dated 2-21-07, 3-13-07 to 3-15-07, 7-13-07 & 8-27-07 | |
| 29 | 09/20/2007 | Reset due date of TRA due to late mailing of Tran. dated 8-27-07 | |
| 30 | 09/20/2007 | ACTION BY CLERK - Granted : 09/19/2007 | |
| 31 | 10/17/2007 | MOT. EXT/TIME APPELLANT BRIEF | |
| 32 | 10/17/2007 | ACTION BY CLERK (MAT) - Granted : 11/19/2007 | |
| 33 | 11/13/2007 | APPELLANT BRIEF (withdrawn - destroy when mandate is issued) | |
| 34 | 11/13/2007 | APPELLANT APPENDIX (withdrawn - destroy when mandate is issued) | |
| 35 | 11/13/2007 | Addendum to Appellant Brief (Attached to Appellant Brief) (withdrawn) | |
| 36 | 11/26/2007 | Petition for Newly Appointed AT Counsel (treated as Mot. for Withdrawal of court-appointed counsel | |
| 37 | 11/26/2007 | and withdrawal of Appellant's Brief and Appendix) | |
| 38 | 11/26/2007 | ACTION BY CHIEF JUSTICE (Court will permit the withdrawal of counsel and ATB/APP) - Granted | |
| 39 | 11/26/2007 | Reset due date of Appellant's Brief due to Mr. Darby's request for withdrawal of counsel | |
| 40 | 11/26/2007 | ACTION BY CHIEF JUSTICE (reset due date for ATB) - Granted : 01/15/2008 | |
| 41 | 12/12/2007 | SUPPLEMENTAL CLERK'S CERTIFICATE OF RECORD (Entries 237 thru 244) Not sent was No. 238 Steno Notes | |
| 42 | 12/18/2007 | Petition for Writ of Mandamus | |
| 43 | 12/19/2007 | ACTION BY SUPREME COURT (Writ of Mandamus) - Denied | |
| 44 | 12/26/2007 | Request for Reconsideration of the denial of the Writ of Mandamus | |
| 45 | 01/02/2008 | ACTION BY SUPREME COURT (court adheres to its previous action) - Denied | |
| 46 | 01/15/2008 | APPELLANT BRIEF (E-filed) (replacement ATB) | View |
| 47 | 01/15/2008 | E-FILED BRIEF (ATB) | |
| 48 | 01/15/2008 | APPELLANT APPENDIX (e-filed) | |
| 49 | 01/15/2008 | E-FILED APPENDIX (ATA) | |
| 50 | 01/15/2008 | Affidavit of Service by E-Mail of ATB on Ms. Olson | |
| 51 | 01/18/2008 | Received 7 copies of ATB from Central Duplicating | |
| 52 | 01/18/2008 | Received 6 copies of ATA from Central Duplicating | |
| 53 | 01/30/2008 | Payment for $25 surcharge through inter-departmental billing; journal entry 587694 | |
| 54 | 02/11/2008 | 2nd Supplemental Clerk's Certificate dated 2-7-08 (Entry Nos. 246-253)(Not rec'd: #246--Receipt) | |
| 55 | 02/13/2008 | APPELLEE BRIEF (electronic) | View |
| 56 | 02/13/2008 | E-FILED BRIEF (AEB) | |
| 57 | 02/13/2008 | APPELLEE APPENDIX (faxed) | |
| 58 | 02/13/2008 | E-FILED APPENDIX (AEA) | |
| 59 | 02/19/2008 | Received $25 e-filing surcharge for AEB (Receipt #18019) | |
| 60 | 02/21/2008 | Received 7 copies of AEB from Central Duplicating. | |
| 61 | 02/21/2008 | Received 6 copies of AEA from Central Duplicating. | |
| 62 | 03/03/2008 | APPEARANCES: David N. Ogren; Kara Schmitz Olson | |
| 63 | 03/03/2008 | ARGUED: Ogren; Olson | |
| 64 | 03/03/2008 | ORAL ARGUMENT WEBCAST | |
| 65 | 03/05/2008 | Letter dated 3-04-08 from Ms. Olson clarifying a response given at oral argument | |
| 66 | 03/20/2008 | DISPOSITION | |
| 67 | 03/20/2008 | UNANIMOUS OPINION | View |
| 68 | 03/24/2008 | Judgment E-mailed to Parties | |
| 69 | 03/27/2008 | Letter from US Supreme Court re petition for writ of certiorari filed | |
| 70 | 04/11/2008 | MANDATE | |
| 71 | 04/15/2008 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE | |
| 72 | 10/31/2017 | EXPUNGED - Nonpermanent record items destroyed |