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State v. Ripley

Docket No. 20080290
Oral Argument: Monday, May 4, 2009 1:30pm

Docket Info

Title
State of North Dakota, Plaintiff and Appellee
v.
Gary Duane Ripley, Defendant and Appellant
Case Type
CRIMINAL APPEAL : SEXUAL OFFENSE
Appeal From
Case No. 07-K-0136
Southeast Judicial District, Stutsman County
Mikal Simonson
2009 ND 105766 N.W.2d 465
Oral Argument 5/4/2009

Highlight

When determining whether a trial court abused its discretion by denying a motion to continue a trial, this Court uses the same factors that are used to determine whether a trial court had good cause to grant a motion to continue a trial. The factors are: (1) length of delay; (2) reason for delay; (3) defendant's assertion of his right; and (4) prejudice to the defendant.
The matter of substitution of appointed counsel is committed to the sound discretion of the trial court. Absent a showing of good cause for the substitution, a refusal to substitute appointed counsel is not an abuse of discretion.
Under N.D.R.Crim.P. 52(a), any error, defect, irregularity, or variance that does not affect substantial rights is harmless and must be disregarded.
If a party raises an issue but fails to provide supporting argument, reasoning, or citation to relevant authorities, we deem the argument to be without merit and consider it waived.

Briefs

Filing Date Description
01/30/2009 APPELLANT BRIEF View
03/30/2009 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLANT COURT APPOINTED Benjamin C Pulkrabek - 02908
APPELLEE ASST. STATE'S ATTORNEY Jay Anthony Schmitz - 05705

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

Seq. # Filing Date Description Attachment
1 11/12/2008 NOTICE OF APPEAL : 11/10/2008
2 11/12/2008 ORDER FOR TRANSCRIPT : 11/10/2008
3 11/12/2008 Consolidated w/20080291. Make all entries except for DIS & MAN in this case.
4 11/14/2008 Acknowledgment of Order for Transcript
5 11/14/2008 RETENTION OF RECORD ON APPEAL : 12/30/2008
6 12/29/2008 TRANSCRIPT DATED SEPTEMBER 4, 2008 & September 5, 2008 (2 volumes)
7 12/29/2008 DISK - tra (9/4 & 9/5/08)
8 12/30/2008 Certificate of Service of TRA
9 01/02/2009 RECORD ON APPEAL. (Not rec'd were Entry Nos. 1, 2, 55, and 61).
10 01/20/2009 Clerk's Supplemental Certificate of Record on Appeal dated January 15, 2009 (entries 69-70)
11 01/30/2009 APPELLANT BRIEF View
12 01/30/2009 ADDENDUM TO APPELLANT'S BRIEF
13 01/30/2009 DISK - ATB
14 01/30/2009 APPELLANT APPENDIX I
15 01/30/2009 APPELLANT APPENDIX II
16 02/04/2009 Received 8 cc of amended noa & 5 cc of pg 16 for Vol. 1 of ATA
17 02/25/2009 MOT. EXT/TIME APPELLEE BRIEF (e-filed)
18 02/25/2009 E-FILED MOTION (MAE)
19 02/25/2009 ACTION BY CLERK (MAE) - Granted : 03/31/2009
20 03/30/2009 APPELLEE BRIEF View
21 03/30/2009 E-FILED BRIEF - AEB
22 04/01/2009 Received $25 surcharge for AEB (Receipt 18781)
23 04/02/2009 Received 7 copies of AEB from Central Duplicating
24 05/04/2009 APPEARANCES: Benjamin C. Pulkrabek/Jay A. Schmitz, Asst. State's Attny.
25 05/04/2009 ARGUED: Pulkrabek/Schmitz
26 05/04/2009 ORAL ARGUMENT WEBCAST
27 06/17/2009 DISPOSITION
28 06/17/2009 UNANIMOUS OPINION : Kapsner, Carol Ronning View
29 06/18/2009 Judgment e-mailed to Parties
30 07/10/2009 MANDATE
31 07/15/2009 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
32 10/19/2020 EXPUNGED - Nonpermanent record items destroyed