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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.


Briefs

Filing Date Description
01/26/2010 APPELLANT BRIEF (e-filed) View
02/25/2010 APPELLEE BRIEF (e-filed) PDF View
03/08/2010 REPLY BRIEF (e-filed) View

Counsel

Party Type Name
APPELLANT COURT APPOINTED Daniel James Borgen - 06007
APPELLEE ASST. STATE'S ATTORNEY Faye A Jasmer - 05428

(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