State v. Rivet
Docket No. 20080008
Oral Argument:
Monday, June 16, 2008 10:45am
Docket Info
- Title
- State of North Dakota, Plaintiff and Appellee
v.
Thomas Edward Rivet, Defendant and Appellant - Case Type
- CRIMINAL APPEAL : HOMICIDE
- Appeal From
-
Case No. 07-K-00696
East Central Judicial District, Cass County
Steven L. Marquart
2008 ND 145752 N.W.2d 611
Oral Argument
6/16/2008
Highlight
Prosecutor's use of a defendant's post-arrest silence after receiving Miranda warnings to impeach a defendant's exculpatory story, told for the first time at trial, violates the defendant's right to due process.
Although the right to remain silent is a personal constitutional right, under these circumstances, the violation of defendant's right to remain silent so impacted co-defendant's right to a fair trial as to necessitate a reversal of the co-defendant's judgment as well.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
Seq. # | Filing Date | Description | Attachment |
---|---|---|---|
1 | 01/09/2008 | NOTICE OF APPEAL : 01/07/2008 | |
2 | 01/09/2008 | ORDER FOR TRANSCRIPT : 01/07/2008 | |
3 | 02/21/2008 | MOT. EXT/TIME TRANSCRIPT | |
4 | 02/21/2008 | ACTION BY TRIAL COURT - Granted : 02/29/2008 | |
5 | 02/29/2008 | TRANSCRIPTS DATED 9-24-07; 9-25-07; 9-26-07; 9-27-07; & 9-28-07 (5 vols.) | |
6 | 02/29/2008 | DISK - TRA (9-24-07, 9-25-07, 9-26-07, 9-27-07, & 9-28-07) (e-mailed) | |
7 | 03/03/2008 | Certificate of Service of Transcripts on counsel | |
8 | 03/03/2008 | (This case is consolidated w/20080011; make all docket entries, except DIS & MAN, in this case) | |
9 | 03/04/2008 | RECORD ON APPEAL & Exhibits (Not rec'd: 3,14,22,35,&127-Tapes; 119-Steno Notes; 93-State's Exh. 26- | |
10 | 03/04/2008 | Exh. 26--White Tennis Shoes; & 98--State's Exh. 31--Bag w/cable-phone cord) | |
11 | 04/09/2008 | MOT. EXT/TIME APPELLANT BRIEF for Lugert (letter dated April 9, 2008) | |
12 | 04/09/2008 | ACTION BY Chief Deputy Clerk (MAT-Lugert) - Granted : 04/21/2008 | |
13 | 04/09/2008 | E-FILED MOTION (MAT/fax) | |
14 | 04/09/2008 | APPELLANT BRIEF-RIVET (e-filed) | View |
15 | 04/09/2008 | E-FILED BRIEF (ATB) | |
16 | 04/09/2008 | APPELLANT APPENDIX - RIVET (PDF) e-filed | |
17 | 04/09/2008 | E-FILED APPENDIX (ATA) PDF | |
18 | 04/09/2008 | Received $25 surcharge for ATB-RIVET (Receipt #18076). | |
19 | 04/16/2008 | Received 7 copies of ATB-RIVET from Central Duplicating | |
20 | 04/16/2008 | Received 6 copies of ATB-RIVET from Central Duplicating | |
21 | 04/21/2008 | APPELLANT BRIEF-LUGERT (e-filed) | View |
22 | 04/21/2008 | E-FILED BRIEF (ATB-LUGERT) | |
23 | 04/21/2008 | APPELLANT APPENDIX - LUGERT (PDF) E-FILED | |
24 | 04/21/2008 | E-FILED APPENDIX (ATA-LUGERT) PDF | |
25 | 04/22/2008 | Received $25 surcharge for ATB-LUGERT (Receipt #18084). | |
26 | 04/24/2008 | Received copies of Lugert's ATB from Central Duplicating Services | |
27 | 04/24/2008 | Received copies of Lugert's Supplemental Appendix from Central Duplicating Services | |
28 | 05/19/2008 | Motion to Substitute counsel | |
29 | 05/19/2008 | ACTION BY SUPREME COURT (Motion to Substitute counsel) - Granted | |
30 | 05/21/2008 | State's Response to Motion for Withdrawal and Substitution of Counsel - no objection & Aff. Service | |
31 | 05/21/2008 | APPELLEE BRIEF | View |
32 | 05/21/2008 | E-FILED BRIEF (AEB) | |
33 | 05/27/2008 | Received 7 copies of AEB from Central Duplicating | |
34 | 05/29/2008 | Received $25 surcharge for e-filing Appellees' Brief | |
35 | 05/30/2008 | Certificate of Service of Appellee's Brief on Monty Mertz by e-mail on May 30, 2008 | |
36 | 06/16/2008 | APPEARANCES: Mark T. Blumer; Monty G. Mertz; Reid A. Brady | |
37 | 06/16/2008 | ARGUED: Blumer; Mertz; Brady | |
38 | 06/16/2008 | ORAL ARGUMENT WEBCAST | |
39 | 07/21/2008 | DISPOSITION | |
40 | 07/21/2008 | UNANIMOUS OPINION : VandeWalle, Gerald W. | View |
41 | 07/21/2008 | Judgment e-mailed to Parties | |
42 | 08/12/2008 | MANDATE | |
43 | 08/14/2008 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE | |
44 | 07/23/2019 | EXPUNGED - Nonpermanent record items destroyed |