State v. Dahl
Docket Info
- Title
- State of North Dakota, Plaintiff and Appellee
v.
Darin Wayne Dahl, Defendant and Appellant - Case Type
- CRIMINAL APPEAL : MISC. STATUTORY OFFENSE (FELONY)
- Appeal From
-
Case No. 08-K-0041
East Central Judicial District, Steele County
Steven L. Marquart
Highlight
A criminal defendant is incompetent to stand trial when he lacks sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding or when he lacks a rational as well as factual understanding of the proceedings against him. The essence of being able to consult with a lawyer with a reasonable degree of rational understanding is the ability to coherently confer with counsel and provide necessary and relevant information to formulate a defense.
When evaluating a defendant's competence to stand trial, the most recently completed psychological evaluation is not automatically given more weight than older evaluations. Absent other factors, the contents of a report are controlling.
Whether district court's failure on its own to hold a competency hearing constitutes obvious error requires analyzing four nonexclusive factors: 1) defendant's irrational behavior, 2) defendant's demeanor before the trial court, 3) any prior medical opinions on competence to stand trial and 4) trial counsel's questioning of defendant's competency before the trial court.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
| Seq. # | Filing Date | Description | Attachment |
|---|---|---|---|
| 1 | 09/04/2009 | NOTICE OF APPEAL : 08/18/2009 | |
| 2 | 09/04/2009 | Amended Notice of Appeal (filed in trial court on 9-2-09) | |
| 3 | 09/04/2009 | This case is consolidated w/20090262. Make all docket entries, except DIS & MAN codes,in this case | |
| 4 | 09/08/2009 | ORDER FOR TRANSCRIPT : 08/18/2009 | |
| 5 | 09/08/2009 | Amended Order for Transcript filed in trial court on 9-2-09 | |
| 6 | 09/16/2009 | RETENTION OF RECORD ON APPEAL : 10/07/2009 | |
| 7 | 10/06/2009 | MOT. EXT/TIME TRANSCRIPT | |
| 8 | 10/06/2009 | ACTION BY TRIAL COURT - MTR - Granted : 11/16/2009 | |
| 9 | 11/06/2009 | MOT. EXT/TIME TRANSCRIPT (e-filed) | |
| 10 | 11/06/2009 | E-FILED MOTION ((MTR) | |
| 11 | 11/09/2009 | ACTION BY CLERK (MTR) - Granted : 11/30/2009 | |
| 12 | 12/01/2009 | MOT. EXT/TIME TRANSCRIPT | |
| 13 | 12/01/2009 | ACTION BY CLERK (MTR) - Granted : 12/01/2009 | |
| 14 | 12/01/2009 | TRANSCRIPTS DATED 5/29/09; 6/2/09; 6/3/09; 6/4/09; 6/5/09; 8/12/09 & C.O.S. | |
| 15 | 12/01/2009 | DISK - TRA (5/29/09; 6/2/09; 6/3/09; 6/4/09; 6/5/09; & 8/12/09) (e-mailed) | |
| 16 | 12/08/2009 | RECORD ON APPEAL (2 vols.) Not rec'd: #85--State's Exh. 16--Shotgun; 90--State's Exh. 21--Shotgun | |
| 17 | 12/08/2009 | Casing in Evidence Bag; 93--State's Exh. 24--Shotgun Casing Found in Tape Player in Evidence Bag; | |
| 18 | 12/08/2009 | 96--State's Exh. 27--Spent Shotgun Casing (12 gauge) in Evidence Bag; | |
| 19 | 12/08/2009 | 127--State's Exh. 58--Shotgun Pellet Found on the Couch in Living Room in Evidence Bag; | |
| 20 | 12/08/2009 | 128--State's Exh. 59--Shotgun BB found on the Living Room Floor in Evidence Bag; 129--State's | |
| 21 | 12/08/2009 | Exh. 60--BB's that were removed from Helmet in Evidence Bag; 131--State's Exh. 62--Helmet; 132-- | |
| 22 | 12/08/2009 | State's Exh. 63--(2) 12 Gauge Shotgun Shells Found in Upstairs Bathroom Floor in Evidence Bag; | |
| 23 | 12/08/2009 | 133--State's Exh. 64--(6) 12 Gauge Shotgun Shells Found on Ledge Above Upstairs Bathroom in | |
| 24 | 12/08/2009 | in Evidence Bag; 134--State's Exh. 65--Shotgun Wad Located by Small "X" Outside in Evidence Bag; | |
| 25 | 12/08/2009 | 135--State's Exh. 66--Shotgun Shell Wad Found on the South of House in Evidence Bag; | |
| 26 | 12/08/2009 | 136--State's Exh. 67--Camoflauge Cover for Helmet; & 138--Court's Exh. 69--Darin Dahl | |
| 27 | 12/08/2009 | Interview on DVD | |
| 28 | 12/15/2009 | MOT. EXT/TIME APPELLANT BRIEF (e-filed) | |
| 29 | 12/15/2009 | E-FILED MOTION (Mot/Ext/ATB) | |
| 30 | 12/15/2009 | E-mail from Charles A. Stock dated 12-15-09 RE: no objection to Mot/Ext/ATB | |
| 31 | 12/16/2009 | ACTION BY CLERK (MAT) - Granted : 02/09/2010 | |
| 32 | 01/25/2010 | Supplemental Clerk's Certificate (entry nos. 166-167) | |
| 33 | 02/09/2010 | APPELLANT BRIEF (e-filed) | View |
| 34 | 02/09/2010 | E-FILED BRIEF (ATB) | |
| 35 | 02/09/2010 | APPELLANT APPENDIX (e-filed) | |
| 36 | 02/09/2010 | E-FILED APPENDIX (ATA) | |
| 37 | 02/11/2010 | Receipt surcharge for atb & ata (Receipt #19351) | |
| 38 | 02/12/2010 | Received 7 copies of ATB from Central Duplicating. | |
| 39 | 02/12/2010 | Received 6 copies of ATA from Central Duplicating. | |
| 40 | 02/17/2010 | MOT. EXT/TIME APPELLEE BRIEF | |
| 41 | 02/17/2010 | E-FILED MOTION - MAE | |
| 42 | 02/17/2010 | Received e-mail from Joel Larson stating he has no objection to the Motion for Extension for AEB | |
| 43 | 02/18/2010 | ACTION BY CLERK - MAE (with understanding OA scheduled for May) - Granted : 04/12/2010 | |
| 44 | 02/19/2010 | Corrected page 20 inserted into ATB. | |
| 45 | 04/12/2010 | APPELLEE BRIEF | View |
| 46 | 04/12/2010 | E-FILED BRIEF (AEB) | |
| 47 | 04/19/2010 | Received $25 surcharge for AEB (Receipt #19445) | |
| 48 | 04/19/2010 | NOTICE OF ORAL ARGUMENT SENT | |
| 49 | 04/20/2010 | Received copies for AEB from CSD | |
| 50 | 04/26/2010 | REPLY BRIEF (e-filed) PDF | View |
| 51 | 04/26/2010 | E-FILED BRIEF (RYB) PDF | |
| 52 | 05/04/2010 | APPEARANCES: Joel L. Larson; Charles A. Stock, State's Attorney | |
| 53 | 05/04/2010 | ARGUED: Larson; Stock | |
| 54 | 05/04/2010 | ORAL ARGUMENT WEBCAST | |
| 55 | 06/10/2010 | DISPOSITION | |
| 56 | 06/10/2010 | UNANIMOUS OPINION : Crothers, Daniel John | View |
| 57 | 06/11/2010 | Judgment Sent to Parties | |
| 58 | 07/02/2010 | MANDATE | |
| 59 | 12/06/2010 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE | |
| 60 | 05/26/2011 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE | |
| 61 | 01/27/2021 | EXPUNGED - Nonpermanent record items destroyed |