State v. Torkelsen
Docket No. 20070140
Oral Argument:
Friday, January 4, 2008 1:30pm
Docket Info
- Title
- State of North Dakota, Plaintiff and Appellee
v.
Steven Arthur Torkelsen, Defendant and Appellant - Case Type
- CRIMINAL APPEAL : HOMICIDE
- Appeal From
-
Case No. 04-K-00083
Northeast Judicial District, Towner County
Lee A. Christofferson
2008 ND 141752 N.W.2d 640
Oral Argument
1/4/2008
Highlight
Any evidence obtained as a result of illegally acquired evidence must be suppressed, unless it was not produced by exploiting the illegally acquired information.
In some cases voluntary consent to search may purge the taint of unlawful police activity.
There must be separate probable cause to issue a warrant that authorizes a nighttime search. If there is not separate probable cause to authorize a nighttime search, the evidence should be excluded unless an exception to the exclusionary rule applies.
A defendant must unequivocally invoke the right to represent himself, unless his conduct rises to the level of a functional equivalent of a voluntary waiver of the right to counsel.
A defendant must make a timely request to represent himself, and it is within the trial court's discretion to grant a request made after the trial begins.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
| Seq. # | Filing Date | Description | Attachment |
|---|---|---|---|
| 1 | 05/18/2007 | NOTICE OF APPEAL : 05/17/2007 | |
| 2 | 05/18/2007 | ORDER FOR TRANSCRIPT : 05/17/2007 | |
| 3 | 05/29/2007 | Ross W. Brandborg is substitute counsel for Appellant in this case replacing Merrick & Sandberg | |
| 4 | 06/15/2007 | RECORD ON APPEAL (2 Volumes) including separate exhibits, transcripts and video tapes. | |
| 5 | 06/15/2007 | Not sent w/the record were Nos. 372 - 378, 391, 416 - 423, 441 - 447, 449, 451, 459 - 464, | |
| 6 | 06/15/2007 | 471 - 473, 514, 515, 523 - 537 (Exhibits) | |
| 7 | 06/27/2007 | TRANSCRIPTS DATED 4/30/07, 5/1/07. 5/2/07, 5/3/07, 5/4/07, 5/7/07, 5/8/07, & 5/16/07 (8 vols.) | |
| 8 | 06/28/2007 | DISK - tra (e-mailed) (4/30/07, 5/1/07, 5/2/07, 5/3/07, 5/4/07, 5/7/07, 5/8/07, & 5/16/07) | |
| 9 | 07/02/2007 | Received Proof of Service of Transcripts (8 Vol.) | |
| 10 | 07/24/2007 | MOT. EXT/TIME APPELLANT BRIEF (Faxed) | |
| 11 | 07/24/2007 | E-FILED MOTION (MAT) (Faxed) | |
| 12 | 07/24/2007 | ACTION BY CHIEF DEPUTY CLERK (MAT) - Granted : 09/05/2007 | |
| 13 | 08/31/2007 | MOT. EXT/TIME APPELLANT BRIEF & BRIEF/SUPPORT (e-filed) | |
| 14 | 08/31/2007 | E-FILED MOTION (Mot/Ext/ATB) | |
| 15 | 08/31/2007 | ACTION BY CHIEF JUSTICE (Mot/Ext/ATB) - Granted : 09/20/2007 | |
| 16 | 09/20/2007 | APPELLANT BRIEF (e-filed brief) | View |
| 17 | 09/02/2007 | E-FILED BRIEF (ATB) | |
| 18 | 09/20/2007 | APPELLANT APPENDIX (e-filed) | |
| 19 | 09/20/2007 | E-FILED APPENDIX (ATA) | |
| 20 | 10/05/2007 | Received $25.00 surcharge for ATB | |
| 21 | 10/10/2007 | Received 7 copies of ATB from Central Duplicating | |
| 22 | 10/10/2007 | Received copies of ATA from Central Duplicating | |
| 23 | 10/16/2007 | MOT. EXT/TIME APPELLEE BRIEF (faxed) | |
| 24 | 10/17/2007 | ACTION BY CLERK (MAE) - Granted : 11/19/2007 | |
| 25 | 10/16/2007 | E-FILED MOTION (MAE) (Faxed) | |
| 26 | 11/19/2007 | Received $25 surcharge for AEB (Receipt 17924) | |
| 27 | 11/19/2007 | APPELLEE BRIEF | View |
| 28 | 11/19/2007 | E-FILED BRIEF | |
| 29 | 11/21/2007 | Received copy of Appellee Brief in WordPerfect | |
| 30 | 11/28/2007 | Received 7 copies of AEB from Central Duplicating | |
| 31 | 12/03/2007 | REPLY BRIEF | View |
| 32 | 12/03/2007 | E-FILED BRIEF - ryb | |
| 33 | 12/12/2007 | Received 7 copies of RYB from Central Duplicating | |
| 34 | 12/19/2007 | MOTION TO WITHDRAW REPLY BRIEF (LETTER DATED 12/18/07) | |
| 35 | 12/19/2007 | ACTION BY CHIEF JUSTICE - Denied | |
| 36 | 12/28/2007 | Request for Radio/TV Coverage (Prairie Public Radio approved) | |
| 37 | 01/04/2008 | APPEARANCES: Daniel E. Gast; Lonnie Olson, Lisa Beckstrom Gibbens | |
| 38 | 01/04/2008 | ARGUED: Gast; Olson | |
| 39 | 01/04/2008 | ORAL ARGUMENT WEBCAST | |
| 40 | 07/21/2008 | DISPOSITION | |
| 41 | 07/21/2008 | SPLIT OPINION : Crothers, Daniel John | View |
| 42 | 07/21/2008 | (CONCUR) : Sandstrom, Dale V. | |
| 43 | 07/21/2008 | Judgment E-Mailed to Parties | |
| 44 | 08/08/2008 | Mot. Ext/Time Petition for Rehearing (letter dated August 8) | |
| 45 | 08/08/2008 | MOTION FOR authorization to talk to Commission on Counsel for Indigent Defense (see 8/08/08 letter) | |
| 46 | 08/11/2008 | ACTION BY CHIEF JUSTICE (ext. for petition for rehearing) - Granted : 09/08/2008 | |
| 47 | 08/11/2008 | NO ACTION TAKEN on request regarding counsel. There's been no withdrawal of counsel | |
| 48 | 08/14/2008 | MOTION to withdraw as counsel by Ross Brandborg | |
| 49 | 08/14/2008 | E-FILED MOTION to withdraw as counsel | |
| 50 | 08/15/2008 | ACTION BY CHIEF JUSTICE (Motion to Withdraw as Counsel) - Granted | |
| 51 | 09/04/2008 | PETITION FOR REHEARING | View |
| 52 | 09/04/2008 | DISK - per (e-mailed) | |
| 53 | 09/09/2008 | MOTION TO WITHDRAW PETITION FOR REHEARING (Letter from Steven Torkelson) | |
| 54 | 09/10/2008 | NO ACTION TAKEN (Motion to Withdraw Petition) | |
| 55 | 09/22/2008 | Supplement to Petition for Rehearing (handwritten letter from Steven Torkelsen) | |
| 56 | 10/21/2008 | Letter of October 17, from Torkelson | |
| 57 | 10/22/2008 | MOTION FOR STAY OF MANDATE | |
| 58 | 10/24/2008 | ACTION BY SUPREME COURT (Pet/Rehearing) - Denied | |
| 59 | 10/24/2008 | ACTION BY CLERK (Mot/Stay/Mandate) - Granted : 11/23/2008 | |
| 60 | 11/19/2008 | MOTION FOR Enlargement/Extension of Time on Stay of Mandate | |
| 61 | 11/19/2008 | ACTION BY CHIEF JUSTICE (Mot/Ext/Stay of Mandate) - Granted : 01/22/2009 | |
| 62 | 01/28/2009 | MANDATE | |
| 63 | 02/09/2009 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE | |
| 64 | 11/06/2017 | EXPUNGED - Nonpermanent record items destroyed |