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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.


Briefs

Filing Date Description
09/20/2007 APPELLANT BRIEF (e-filed brief) View
11/19/2007 APPELLEE BRIEF View
12/03/2007 REPLY BRIEF View

Counsel

Party Type Name
APPELLEE STATE'S ATTORNEY Lisa Beckstrom Gibbens - 04161
APPELLEE STATE'S ATTORNEY Lonnie Olson - 04526
APPELLANT COURT APPOINTED Benjamin C Pulkrabek - 02908

(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