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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).


Briefs

Filing Date Description
01/15/2008 APPELLANT BRIEF (E-filed) (replacement ATB) View
02/13/2008 APPELLEE BRIEF (electronic) View

Counsel

Party Type Name
APPELLEE ASST. STATE'S ATTORNEY Kara Schmitz Olson - 05867
APPELLANT COURT APPOINTED David Neil Ogren - 05336

(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