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State v. Curtis

Docket No. 20080007
Oral Argument: Monday, October 27, 2008 1:30pm

Docket Info

Title
State of North Dakota, Plaintiff and Appellee
v.
Danial Ray Curtis, Defendant and Appellant
Case Type
CRIMINAL APPEAL : ASSAULT
Appeal From
Case No. 07-K-00455
East Central Judicial District, Cass County
Wade L. Webb
2009 ND 34763 N.W.2d 443
Oral Argument 10/27/2008

Highlight

A criminal defendant has a constitutional right to compulsory process to secure the attendance of witnesses who will provide testimony that is both favorable and material to a defense.
A subpoena must be served within a reasonable time before a witness's scheduled appearance, and whether service is within a reasonable time depends on the circumstances of each case.
A criminal defendant has a right to self-representation if the defendant knowingly and intelligently elects to do so.
A criminal defendant has a statutory right to require all communications with jurors after a case has been submitted to them to be made in open court and in the presence of the defendant.
A criminal defendant's statutory right to be present during the entire trial is of constitutional dimension, and the State must establish that a violation of a defendant's right to be present was harmless beyond a reasonable doubt.


Briefs

Filing Date Description
07/14/2008 APPELLANT BRIEF (e-filed) View
08/07/2008 APPELLEE BRIEF (E-filed) View

Counsel

Party Type Name
APPELLANT COURT APPOINTED Mark Taylor Blumer - 04669
APPELLEE ASST. STATE'S ATTORNEY Mark Rainer Boening - 03797

(Note: Attachments may not be available for recently filed cases and/or confidential documents.)

Seq. # Filing Date Description Attachment
1 01/08/2008 NOTICE OF APPEAL : 01/04/2008
2 01/08/2008 ORDER FOR TRANSCRIPT : 01/07/2008
3 02/06/2008 RECORD ON APPEAL (2 vols.), Exhibits, & Transcript (1) (NOT REC'D: #3,10,19,28,29,32,40,
4 02/06/2008 54,58,73,& 74(Tapes) and 109 (Defendant's Exh. 34--Box of Copies Articles)
5 02/25/2008 MOT. EXT/TIME TRANSCRIPT
6 02/25/2008 ACTION BY TRIAL COURT - Granted : 05/26/2008
7 03/13/2008 SUPPLEMENTAL CLERK'S CERTIFICATE ON APPEAL dated 3-12-08 (Entries 141-145)
8 03/28/2008 2ND SUPPLEMENTAL CLERK'S CERTIFICATE ON APPEAL DATED MARCH 25, 2008
9 04/04/2008 TRANSCRIPTS DATED December 4, 2007, December 5, 2007, December 6, 2007, & December 7, 2007
10 04/07/2008 DISK-tra (December 4-7, 2007)
11 04/07/2008 Certificate of Service of Copies of Transcripts.
12 04/18/2008 MOT. EXT/TIME APPELLANT BRIEF
13 04/18/2008 ACTION BY CLERK - MAT - Granted : 06/13/2008
14 04/22/2008 MOTION for Permission to Withdraw as Counsel & Brief in Support with Affidavit of Service - RspDue : 05/05/2008
15 04/29/2008 Handwritten Response from Danial Curtis Filed
16 05/07/2008 ACTION BY SUPREME COURT (Mot/Permission/Withdraw/Counsel) - Denied
17 05/12/2008 Clerk's 3rd Supplemental Certificate of Record dated May 9, 2008 (Entry Nos. 150-160)
18 05/21/2008 MOT. EXT/TIME APPELLANT BRIEF
19 05/21/2008 ACTION BY CHIEF JUSTICE (MAT) - Granted : 07/14/2008
20 07/14/2008 APPELLANT BRIEF (e-filed) View
21 07/14/2008 E-FILED BRIEF (ATB)
22 07/14/2008 APPELLANT APPENDIX (e-filed)
23 07/14/2008 E-FILED APPENDIX (ATA)
24 07/18/2008 Received $25 surcharge for e-filed Appellant's Brief (Receipt #18181)
25 07/24/2008 Copies of ATB from Central Duplicating Services
26 07/24/2008 Copies of ATA from Central Duplicating Services
27 08/07/2008 APPELLEE BRIEF (E-filed) View
28 08/07/2008 E-FILED BRIEF (AEB)
29 08/13/2008 Received $25 surcharge for AEB (Receipt #18211)
30 08/18/2008 Copies of AEB from Central Duplicating
31 10/27/2008 APPEARANCES: Mark T. Blumer; Mark R. Boening
32 10/27/2008 ARGUED: Blumer; Boening
33 02/27/2009 4th Supplemental Clerk's Certificate dated 2-25-09 (Entry Nos. 164-167) (Not rec'd: #161,162,&163)
34 04/02/2009 DISPOSITION
35 04/02/2009 UNANIMOUS OPINION : Crothers, Daniel John View
36 04/06/2009 Judgment E-Mailed to Parties
37 04/28/2009 MANDATE
38 05/01/2009 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
39 06/21/2019 EXPUNGED - Nonpermanent record items destroyed