State v. Clark
Docket No. 20090233
Oral Argument:
Monday, March 29, 2010 4:00pm
Docket Info
- Title
- State of North Dakota, Plaintiff and Appellee
v.
Branden Thurman Clark, Defendant and Appellant - Case Type
- CRIMINAL APPEAL : THEFT
- Appeal From
-
Case No. 07-K-02537
Northeast Central Judicial District, Grand Forks County
Lawrence E. Jahnke
2010 ND 106783 N.W.2d 274
Highlight
When no plea is taken and judgment is pronounced on the theory that a guilty plea has been entered, the judgment is a nullity and thus void.
When a defendant's knowledge that he was waiving his rights and voluntarily and knowingly pleading guilty is clearly reflected from the whole record, he is not denied the constitutional right to due process.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
| Seq. # | Filing Date | Description | Attachment |
|---|---|---|---|
| 1 | 08/19/2009 | NOTICE OF APPEAL : 08/14/2009 | |
| 2 | 08/19/2009 | ORDER FOR TRANSCRIPT : 08/17/2009 | |
| 3 | 08/19/2009 | This case is consolidated w/20090234-20090238. Make all docket entries, | |
| 4 | 08/19/2009 | except MAN and DIS in this file. | |
| 5 | 08/20/2009 | RETENTION OF RECORD ON APPEAL (E-mailed letter from Nancy Krogstad dated 8-20-09) : 10/06/2009 | |
| 6 | 08/24/2009 | Acknowledgement of Order for Transcript dated 8-21-09 | |
| 7 | 09/14/2009 | Transcript dated April 21, 2009, and C.O.S. | |
| 8 | 09/16/2009 | DISK-tra (4/21/09) | |
| 9 | 09/23/2009 | TRANSCRIPT DATED July 17, 2009 & C.O.S. | |
| 10 | 09/25/2009 | DISK - tra (7-17-09) | |
| 11 | 09/28/2009 | Transcript dated May 26, 2009 & C.O.S. | |
| 12 | 09/28/2009 | DISK - tra (5-26-09) (e-mailed) | |
| 13 | 10/05/2009 | RECORD ON APPEAL Not sent were Nos. 6, 13, 14, 23 & 26 (Steno Notes) & No. 7 (Transcript) | |
| 14 | 10/05/2009 | (Unredacted originals on left cover of Record folder) | |
| 15 | 10/23/2009 | MOTION FOR Remand and Brief in Support - RspDue : 11/03/2009 | |
| 16 | 11/04/2009 | Response Filed to Motion for Remand (e-filed) | |
| 17 | 11/18/2009 | ACTION BY SUPREME COURT (MOTION FOR REMAND) - Denied | |
| 18 | 11/25/2009 | E-FILED MOTION (MTR) | |
| 19 | 11/25/2009 | MOT. EXT/TIME TRANSCRIPT (E-FILED) | |
| 20 | 11/25/2009 | ACTION BY CLERK (MTR) - Granted : 12/16/2009 | |
| 21 | 11/15/2009 | Supplemental Clerk's Certificate of Record dated November 24, 2009. Entry Nos. 43-45. | |
| 22 | 12/16/2009 | TRANSCRIPT DATED March 30, 2009, & C.O.S. | |
| 23 | 12/18/2009 | DISK-tra (3/30/09) | |
| 24 | 01/26/2010 | MOT. EXT/TIME APPELLANT BRIEF (e-filed) | |
| 25 | 01/26/2010 | E-FILED MOTION (Mot/Ext/ATB) | |
| 26 | 01/26/2010 | ACTION BY CLERK (MAT) - Granted : 01/26/2010 | |
| 27 | 01/26/2010 | APPELLANT BRIEF (e-filed) | View |
| 28 | 01/26/2010 | E-FILED BRIEF (ATB) | |
| 29 | 01/26/2010 | APPELLANT APPENDIX (e-filed) | |
| 30 | 01/26/2010 | E-FILED APPENDIX (ATA) | |
| 31 | 02/02/2010 | Received copies of ATB from CSD | |
| 32 | 02/02/2010 | Received copies of ATA from CSD | |
| 33 | 02/17/2010 | Filing fee for ATB & ATA paid 01-29-10 through inter-departmental billing no. 868522. | |
| 34 | 02/17/2010 | NOTICE OF ORAL ARGUMENT SENT | |
| 35 | 02/25/2010 | APPELLEE BRIEF (e-filed) PDF | View |
| 36 | 02/25/2010 | E-FILED BRIEF (AEB) PDF | |
| 37 | 02/25/2010 | APPELLEE APPENDIX (e-filed) PDF | |
| 38 | 02/25/2010 | E-FILED APPENDIX (AEA) PDF | |
| 39 | 03/04/2010 | Received $25 surcharge for AEB | |
| 40 | 03/05/2010 | Received copies of AEB from Central Duplicating | |
| 41 | 03/05/2010 | Received copies of AEA from Central Duplicating | |
| 42 | 03/05/2010 | Consent to Appearance of Sean Kasson for Grand Forks Co. States Atty under the Senior Practice Rule | |
| 43 | 03/08/2010 | REPLY BRIEF (e-filed) | View |
| 44 | 03/08/2010 | E-FILED BRIEF (RYB) | |
| 45 | 03/11/2010 | Received 7 copies of RYB from CSD | |
| 46 | 03/23/2010 | MOTION FOR Waiver of Arguments by both counsel under N.D.R.App.P. 34(f) | |
| 47 | 03/23/2010 | E-FILED MOTION | |
| 48 | 03/23/2010 | Oral Argument waived under 34(f) - Granted | |
| 49 | 03/29/2010 | APPEARANCES: Waived under N.D.R.App.P. 34(f) | |
| 50 | 03/29/2010 | ARGUED: Waived | |
| 51 | 06/10/2010 | DISPOSITION | |
| 52 | 06/10/2010 | SPLIT OPINION : Sandstrom, Dale V. | View |
| 53 | 06/10/2010 | (CONCURRING SPECIALLY) : VandeWalle, Gerald W. | |
| 54 | 06/10/2010 | (JOINED CURRING SPECIALLY) : Maring, Mary Muehlen | |
| 55 | 06/11/2010 | Judgment Sent to Parties | |
| 56 | 07/07/2010 | MANDATE | |
| 57 | 07/14/2010 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE | |
| 58 | 02/01/2021 | EXPUNGED - Nonpermanent record items destroyed |