State v. Holbach
Docket No. 20080002
Oral Argument:
Monday, November 17, 2008 10:45am
Docket Info
- Title
- State of North Dakota, Plaintiff and Appellee
v.
Mitchell Holbach, Defendant and Appellant - Case Type
- CRIMINAL APPEAL : MISC. STATUTORY OFFENSE (FELONY)
- Appeal From
-
Case No. 07-K-00973
North Central Judicial District, Ward County
David W. Nelson
2009 ND 37763 N.W.2d 761
Oral Argument
11/17/2008
Highlight
When an individual's constitutional right to travel has been restricted by a judicial order, any conduct in violation of that judicial order is not a constitutionally protected activity for purposes of the stalking statute.
Violence and other activities that harm another person are not constitutionally protected.
To have standing to raise a vagueness challenge, a litigant must almost always demonstrate that the statute in question is vague as applied to his own conduct, without regard to its potentially vague application in other circumstances.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
| Seq. # | Filing Date | Description | Attachment |
|---|---|---|---|
| 1 | 01/02/2008 | NOTICE OF APPEAL : 12/27/2007 | |
| 2 | 01/02/2008 | This case is consolidated w/20080003. Make all docket entries, except DIS & MAN in this case. | |
| 3 | 01/22/2008 | Second Notice of Appeal from Order Denying Change of Venue filed January 16, 2008 | |
| 4 | 01/22/2008 | Third Notice of Appeal from Order re: Motion to Determine Constitutionality filed January 16, 2008 | |
| 5 | 01/22/2008 | Fourth Notice of Appeal from Order re: Rule 3.2 Motion | |
| 6 | 01/22/2008 | Fifth Notice of Appeal from Verdict of Guilty filed January 16, 2008 | |
| 7 | 01/22/2008 | Order for Transcript | |
| 8 | 02/07/2008 | Sixth Notice of Appeal from Judgment file 1-31-08 | |
| 9 | 02/07/2008 | ORDER FOR TRANSCRIPT : 02/05/2008 | |
| 10 | 02/12/2008 | Notice of Court Appointed Attorney - Jay R. Greenwood for Mitchell Holbach, Appellant | |
| 11 | 03/06/2008 | RECORD ON APPEAL 3 Volumes and separates including exhibits and PSI | |
| 12 | 03/06/2008 | MOT. EXT/TIME TRANSCRIPT | |
| 13 | 03/06/2008 | ACTION BY TRIAL COURT (MTR) - Granted : 04/13/2008 | |
| 14 | 03/10/2008 | Supplemental Clerk's Certificate dated 3-6-08 (Entry Nos. 346 & 347) | |
| 15 | 04/14/2008 | TRANSCRIPTS DATED December 18, 2007 & February 1, 2008 (2 volumes) | |
| 16 | 04/14/2008 | DISK - tra (12/18/07 & 2/1/08) (e-mailed) | |
| 17 | 04/15/2008 | Certificate of Service of TRA | |
| 18 | 04/18/2008 | Request for extension of time to file trial transcript by Appellant's attorney (letter dtd 4-17-08) | |
| 19 | 04/18/2008 | ACTION BY CHIEF JUSTICE (expeditiously, which is contemplated to be less than 30 days) - Granted : 05/19/2008 | |
| 20 | 04/18/2008 | MOT. EXT/TIME APPELLANT BRIEF (letter dated April 17, 2008) | |
| 21 | 04/18/2008 | ACTION BY CHIEF JUSTICE (40 days after trial transcript is filed) - Granted | |
| 22 | 05/19/2008 | MOT. EXT/TIME TRANSCRIPT | |
| 23 | 05/19/2008 | ACTION BY CHIEF JUSTICE - Granted : 05/23/2008 | |
| 24 | 05/27/2008 | DISK - TRAs dated 12-19-07, 12-20-07 & 12-21-07 (e-mailed) | |
| 25 | 05/28/2008 | MOT. EXT/TIME TRANSCRIPT (Referred to the Chief Justice as Transcripts weren't timely) | |
| 26 | 05/28/2008 | ACTION BY CHIEF JUSTICE - MTR - Granted : 05/28/2008 | |
| 27 | 05/28/2008 | TRANSCRIPTS (3 Vol.) DATED December 19, 2007, December 20, 2007 & December 21, 2007 | |
| 28 | 05/30/2008 | Certificate of Service of Copies of the transcript of the Jury Trial | |
| 29 | 06/11/2008 | MOTION & Brief to Withdraw as Attorney of Record with Affidavit of Jay Greenwood | |
| 30 | 06/11/2008 | Affidavit of Service by Certified Mail of Motion to Withdraw on Holbach | |
| 31 | 06/11/2008 | Affidavit of Service by Mail on State of North Dakota | |
| 32 | 06/13/2008 | Response in opposition to Defendant's Motion to Withdraw | |
| 33 | 06/13/2008 | Affidavit of Service by Mail | |
| 34 | 06/26/2008 | Letter dated June 25, 2008, from Greenwood supplementing motion to withdraw | |
| 35 | 06/26/2008 | MOT. EXT/TIME APPELLANT BRIEF (included in Greenwood letter of June 25, 2008) | |
| 36 | 06/26/2008 | ACTION BY CLERK - Granted : 08/06/2008 | |
| 37 | 07/03/2008 | Letter dated July 2, 2008, from Larson, opposing the motion to withdraw | |
| 38 | 07/09/2008 | MOT. EXT/TIME APPELLANT BRIEF (sua sponte) | |
| 39 | 07/09/2008 | ACTION BY SUPREME COURT (sua sponte) - Granted : 09/05/2008 | |
| 40 | 07/17/2008 | Response from Mitch Holbach entitled Motion for Assignment Appointment of Counsel | |
| 41 | 07/18/2008 | ACTION BY CHIEF JUSTICE (Motion to Withdraw as Counsel - Jay Greenwood) - Denied | |
| 42 | 08/15/2008 | MOTION FOR Release Pending Appeal | |
| 43 | 08/15/2008 | E-FILED MOTION (Release) | |
| 44 | 08/20/2008 | ACTION BY SUPREME COURT (Mot/Release Pending Appeal) - Denied | |
| 45 | 08/27/2008 | Request for New Attorney by Mitchell D. Holbach letter dated 8-24-08 | |
| 46 | 08/27/2008 | NO ACTION TAKEN | |
| 47 | 09/05/2008 | APPELLANT BRIEF (e-filed) | View |
| 48 | 09/05/2008 | E-FILED BRIEF (ATB) | |
| 49 | 09/05/2008 | APPELLANT APPENDIX (e-filed) | |
| 50 | 09/05/2008 | E-FILED APPENDIX (ATA) | |
| 51 | 09/05/2008 | Certificate of Service of ATB & ATA | |
| 52 | 09/08/2008 | Certificate of Service of corrected ATB & ATA | |
| 53 | 09/09/2008 | Clerk's Supplemental Certificate of Record on Appeal (entries 348-386; not recd-376) | |
| 54 | 09/10/2008 | Clerk's Supplemental Certificate of Record on Appeal (Entries 387-390) | |
| 55 | 09/10/2008 | Certificate of Service of Second corrected ATB & ATA | |
| 56 | 09/12/2008 | Received copies of ATB from Central Duplicating | |
| 57 | 09/12/2008 | Received copies of ATA from Central Duplicating | |
| 58 | 09/15/2008 | Supplemental Clerk's Certificate dated 9-11-08 (Entry Nos. 376, 391, & 392) | |
| 59 | 09/17/2008 | EX-PARTE DEMAND FOR RECUSAL OF SUPREME COURT JUSTICES DATED 9-11-08 from Appellant Holbach | |
| 60 | 09/17/2008 | ACTION BY SUPREME COURT (Ex-Parte Demand for Recusal) - Denied | |
| 61 | 09/18/2008 | Received surcharge for electronically filed ATB (See Journal No. 0000688781) | |
| 62 | 10/02/2008 | APPELLEE BRIEF | View |
| 63 | 10/03/2008 | DISK - AEB | |
| 64 | 11/17/2008 | APPEARANCES: Jay R. Greenwood; Rozanna C. Larson, Asst. State's Attorney | |
| 65 | 11/17/2008 | ARGUED: Greenwood; Larson | |
| 66 | 11/17/2008 | ORAL ARGUMENT WEBCAST | |
| 67 | 04/02/2009 | DISPOSITION | |
| 68 | 04/02/2009 | UNANIMOUS OPINION : Crothers, Daniel John | View |
| 69 | 04/06/2009 | Judgment E-Mailed to Parties | |
| 70 | 04/08/2009 | PETITION FOR REHEARING | View |
| 71 | 04/08/2009 | DISK NONCOMPLIANCE - PER - handwritten | |
| 72 | 04/30/2009 | ACTION BY SUPREME COURT (PER) - Denied | |
| 73 | 05/08/2009 | Request for Stay of Mandate (Part of Pet/Writ of Certiorari) | |
| 74 | 05/08/2009 | ACTION BY CHIEF DEPUTY CLERK (Req/Stay/Mandate) - Granted | |
| 75 | 05/11/2009 | STAY PENDING MANDATE UNTIL US SUPREME COURT'S DISPOSITION OF PET/WRIT/CERTIORARI) | |
| 76 | 07/16/2009 | Ltr from Clerk, U.S.Supreme Ct dtd 7-13-09 re Writ/Certiorari placed on the docket on that date | |
| 77 | 10/13/2009 | Petition for Writ of Cert to US Supreme Court denied | |
| 78 | 10/14/2009 | MANDATE | |
| 79 | 10/20/2009 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE | |
| 80 | 06/21/2019 | EXPUNGED - Nonpermanent record items destroyed |