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State v. Jensen

Docket No. 20090154
Oral Argument: Thursday, October 8, 2009 4:00pm

Docket Info

Title
State of North Dakota, Plaintiff and Appellee
v.
Randy Scott Jensen, Defendant and Appellant
Case Type
CRIMINAL APPEAL : THEFT
Appeal From
Case No. 08-K-0146
Northeast Judicial District, Walsh County
M. Richard Geiger
2010 ND 3777 N.W.2d 847

Highlight

A probationer's right to counsel at a revocation of probation hearing is statutorily based.
A probationer's waiver of the right to counsel must be voluntary, knowing, and intelligent.
Whether a probationer voluntarily, knowingly, and intelligently waived the right to counsel is reviewed under a clearly erroneous standard of review.


Briefs

Filing Date Description
07/21/2009 APPELLANT BRIEF View
08/24/2009 APPELLEE BRIEF (e-filed) View

Counsel

Party Type Name
APPELLANT COURT APPOINTED Gretchen Marie Handy - 05077
APPELLEE STATE'S ATTORNEY Barbara L Whelan - 05039

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

Seq. # Filing Date Description Attachment
1 05/18/2009 NOTICE OF APPEAL : 03/30/2009
2 06/01/2009 MOT. EXT/TIME TRANSCRIPT
3 06/02/2009 ACTION BY CLERK - Granted : 06/20/2009
4 06/05/2009 Letter from Margaret Campbell dated 6-3-09 RE: acknowledge receipt of OTR
5 06/11/2009 TRANSCRIPT DATED March 10, 2009, & C.O.S.
6 06/12/2009 DISK-tra (3/10/09) e-mailed
7 06/17/2009 RECORD ON APPEAL (not rec'd no. 35)
8 07/20/2009 e-mail dated 07/20/09 waiving oral argument on behalf of the Appellant.
9 07/20/2009 E-FILED MOTION (waiver of oral argument on behalf of Appellant)
10 07/21/2009 APPELLANT BRIEF View
11 07/21/2009 APPELLANT APPENDIX
12 07/21/2009 E-FILED BRIEF - ATB
13 07/21/2009 E-FILED APPENDIX - ATA
14 07/23/2009 Received $25 surcharge for ATB (Receipt 18939)
15 07/28/2009 TRANSCRIPT DATED February 17, 2009 & March 2, 2009 & C.O.S.
16 07/28/2009 DISK - TRA 2-17-09, 3-2-09
17 07/28/2009 Received copies of ATB from Central Dup.
18 07/28/2009 Received copies of ATA from Central Dup.
19 08/24/2009 Request to waive oral argument on behalf of the Appellee
20 08/24/2009 E-FILED MOTION (Request to waive oral argument on behalf of the Appellee)
21 08/24/2009 APPELLEE BRIEF (e-filed) View
22 08/24/2009 E-FILED BRIEF (AEB)
23 08/26/2009 SUPPLEMENTAL CLERK'S CERTIFICATE DATED 8-24-09 (ENTRIES 48 - 51)
24 08/27/2009 Received $25 surcharge for AEB (Receipt No. 18978)
25 08/31/2009 Received copies of AEB from CSD
26 09/10/2009 ACTION BY SUPREME COURT (Request to waive oral argument on behalf of Appellant) - Granted
27 09/10/2009 ACTION BY SUPREME COURT (Request to waive oral argument on behalf of Appellee) - Granted
28 10/08/2009 APPEARANCES: Waived by the parties & submitted on brief under N.D.R.App.P. 34(f)
29 10/08/2009 ARGUED: Waived by parties and submitted on brief
30 10/09/2009 Supplemental Clerk's Certificate dated October 8, 2009 (Entry Nos. 52 and 54-56)
31 01/12/2010 DISPOSITION
32 01/12/2010 UNANIMOUS OPINION : Crothers, Daniel John View
33 01/13/2010 Judgment Sent to Parties
34 02/03/2010 MANDATE
35 02/05/2010 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
36 12/11/2020 EXPUNGED - Nonpermanent record items destroyed