State v. Curtis
Docket No. 20070250
Oral Argument:
Tuesday, January 8, 2008 10:45am
Docket Info
- Title
- State of North Dakota, Plaintiff and Appellee
v.
Edward Dana Curtis, Defendant and Appellant - Case Type
- CRIMINAL APPEAL : MISC. STATUTORY OFFENSE (FELONY)
- Appeal From
-
Case No. 06-K-00978
East Central Judicial District, Cass County
Burt L. Riskedahl
2008 ND 108750 N.W.2d 438
Oral Argument
1/8/2008
Highlight
A criminal defendant's Sixth Amendment right to compulsory process is not absolute, and does not guarantee the right to secure the attendance and testimony of any and all witnesses.
A defendant alleging a violation of his right to compulsory process has the burden of showing that the testimony would have been both favorable and material to his defense.
The civil dispute doctrine, which allows a court to dismiss criminal proceedings if the matter should have been adjudicated civilly, is limited to cases where there is a legitimate property or contract dispute that is better suited for resolution in a civil matter.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
| Seq. # | Filing Date | Description | Attachment |
|---|---|---|---|
| 1 | 08/27/2007 | NOTICE OF APPEAL : 08/23/2007 | |
| 2 | 08/27/2007 | ORDER FOR TRANSCRIPT : 08/23/2007 | |
| 3 | 09/05/2007 | TRANSCRIPT DATED July 30, 2007 | |
| 4 | 09/06/2007 | DISK - TRA 7-30-07 | |
| 5 | 09/12/2007 | TRANSCRIPT DATED FEBRUARY 2, 2007 | |
| 6 | 09/13/2007 | Dan Borgen has been appointed as counsel for Appellant Edward Curtis. | |
| 7 | 09/20/2007 | RETENTION OF RECORD ON APPEAL (Vicky Matthys) : 10/12/2007 | |
| 8 | 09/28/2007 | Transcripts dated 4/7/06, 4/13/06, 5/4/06, 6/28/06, 7/26/06, 9/11/06, 9/20/06, 10/18/06, 10/20/06, | |
| 9 | 09/28/2007 | 1/12/07, 4/4/07, & 6/7/07 | |
| 10 | 09/28/2007 | DISK-tra(4/7/06,4/13/06, 5/4/06, 6/28/06, 7/26/06, 9/11/06, 9/20/06, 10/18/06, 10/20/06, | |
| 11 | 09/28/2007 | 1/12/07, 4/4/07, & 6/7/07) | |
| 12 | 10/01/2007 | Certificate of Service of copies of Transcripts filed 9/28/07. | |
| 13 | 10/05/2007 | CORRECTED COVER PAGE FOR TRANSCRIPT DATED 2-2-07 | |
| 14 | 10/05/2007 | DISK - Corrected TRA 2-2-07 (emailed) | |
| 15 | 10/12/2007 | TRANSCRIPTS DATED August 14, 2007 and one cc of transcript dated August 16, 2007 (Proceedings) | |
| 16 | 10/12/2007 | DISK - TRAs of 8-14-07 & 8-16-07 | |
| 17 | 10/17/2007 | RECORD ON APPEAL w/Separates (Entry Nos. 79, 122, & 139) (also filed in 20070333) | |
| 18 | 10/17/2007 | Not rec'd-CR Tapes (Entry Nos. 16, 20, 23, 28, 37, 40, 46, 64, 70, 82, 101, 118, 141-143, 157 & 163 | |
| 19 | 11/05/2007 | Transcript of Revocation of Probation Hearing dated 9-13-07 (1 copy filed in 20070333) | |
| 20 | 11/05/2007 | DISK - tra (9-13-07) (E-MAILED) | |
| 21 | 11/06/2007 | Certificate of Service of Copies of 9/13/07 transcript | |
| 22 | 11/15/2007 | Clerk's Supp. Certificate of Record on Appeal dated November 13, 2007, w/ entries 173-179 attached | |
| 23 | 11/16/2007 | APPELLANT BRIEF (e-filed) | View |
| 24 | 11/16/2007 | E-FILED BRIEF (ATB) | |
| 25 | 11/16/2007 | APPELLANT APPENDIX (e-filed) | |
| 26 | 11/16/2007 | E-FILED APPENDIX (ATA) | |
| 27 | 11/21/2007 | Received copies of Appellant's Brief from Central Duplicating Services | |
| 28 | 11/21/2007 | Received copies of Appellant's Brief from Central Duplicating Services | |
| 29 | 12/10/2007 | Efiling surcharge $60 for ATB & ATA through Interdepartmental Billing--No. 569578 | |
| 30 | 12/17/2007 | APPELLEE BRIEF (e-filed) | View |
| 31 | 12/17/2007 | E-FILED BRIEF (AEB) | |
| 32 | 12/19/2007 | Received $25 surcharge for AEB (Receipt No. 17959) | |
| 33 | 12/21/2007 | REPLY BRIEF (e-filed) | View |
| 34 | 12/21/2007 | E-FILED BRIEF (RYB) | |
| 35 | 12/27/2007 | Received 7 copies of AEB from Central Duplicating. | |
| 36 | 12/27/2007 | Received corrected Table of Authorities and corrected pages for the Reply Brief | |
| 37 | 12/28/2007 | Received 7 copies of RYB from Central Duplicating | |
| 38 | 01/08/2008 | APPEARANCES: Daniel J. Borgen; Gary L. Delorme | |
| 39 | 01/08/2008 | ARGUED: Borgen; Delorme | |
| 40 | 01/08/2008 | ORAL ARGUMENT WEBCAST | |
| 41 | 06/05/2008 | DISPOSITION | |
| 42 | 06/05/2008 | UNANIMOUS OPINION : VandeWalle, Gerald W. | View |
| 43 | 06/06/2008 | Judgment E-Mailed to Parties | |
| 44 | 06/27/2008 | MANDATE | |
| 45 | 07/01/2008 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE | |
| 46 | 01/09/2019 | EXPUNGED - Nonpermanent record items destroyed |