State v. Whitman
Docket No. 20120374
Oral Argument:
Monday, April 22, 2013 4:00pm
Docket Info
- Title
- State of North Dakota, Plaintiff and Appellee
v.
Richard Whitman, Defendant and Appellant - Case Type
- CRIMINAL APPEAL : MISC. STATUTORY OFFENSE (FELONY)
- Appeal From
-
Case No. 2012-CR-00032
South Central Judicial District, Mercer County
Bruce A. Romanick
2013 ND 183838 N.W.2d 401
Highlight
Plain error under N.D.R.Crim.P. 52(b) may be noticed by the Court on its own motion.
N.D.R.App.P. 2 may be invoked to avoid manifest injustice and provide a defendant with the same relief granted his codefendant.
A defendant's use of the word lawyer during an interview is ambiguous when coupled with conduct evidencing the defendant wishes not to remain silent.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
Seq. # | Filing Date | Description | Attachment |
---|---|---|---|
1 | 10/09/2012 | NOTICE OF APPEAL : 10/04/2012 | |
2 | 10/09/2012 | ORDER FOR TRANSCRIPT : 10/04/2012 | |
3 | 11/02/2012 | TRANSCRIPT DATED JUNE 22, 2012, & C.O.S. | |
4 | 11/02/2012 | DISK-TRA (JUNE 22, 2012) E-MAILED | |
5 | 11/02/2012 | TRANSCRIPT DATED MARCH 14, 2012, & C.O.S. | |
6 | 11/05/2012 | DISK-TRA (MARCH 14, 2012) E-MAILED | |
7 | 11/06/2012 | ELEC. RECORD ON APPEAL DATED NOVEMBER 5, 2012 (ENTRY NOS.1-116, 118-123, 126-139, 142-149, 160-166 | |
8 | 11/06/2012 | 173-180, 186-189, 191-192, 200-229). Items not sent were Nos. 117, 124-125, 140-141, 150-159, | |
9 | 11/06/2012 | 167-172, 181-185, 190, 193-199 | |
10 | 11/19/2012 | TRANSCRIPTS DATED 4/11/12; 6/15/12; 6/25/12; 6/26/12; 6/27/12; 6/28/12; & 9/21/12 & COS | |
11 | 11/19/2012 | DISK - TRA (4/11/12; 6/15/12; 6/25/12; 6/26/12; 6/27/12; 6/28/12; & 9/21/12) (e-mailed) | |
12 | 12/13/2012 | MOT. EXT/TIME APPELLANT BRIEF | |
13 | 12/13/2012 | E-FILED MOTION | |
14 | 12/13/2012 | ACTION BY CLERK - Granted : 01/28/2013 | |
15 | 01/24/2013 | APPELLANT BRIEF | View |
16 | 01/24/2013 | E-FILED BRIEF | |
17 | 01/24/2013 | APPELLANT APPENDIX | |
18 | 01/24/2013 | E-FILED APPENDIX | |
19 | 01/30/2013 | Received 7 copies of ATB from Central Duplicating | |
20 | 01/30/2013 | Received 6 copies of ATA from Central Duplicating | |
21 | 02/20/2013 | $25.00 surcharge for e-filed ATB has been paid through IDB | |
22 | 02/20/2013 | APPELLEE BRIEF | View |
23 | 02/20/2013 | E-FILED BRIEF | |
24 | 02/21/2013 | Received $25 e-filing surcharge for AEB (Receipt #21705) | |
25 | 02/26/2013 | REPLY BRIEF | View |
26 | 02/26/2013 | E-FILED BRIEF | |
27 | 02/27/2013 | Received 7 copies of AEB from Central Duplicating | |
28 | 02/27/2013 | Rcv'd 7 copies of RYB from CSD | |
29 | 03/18/2013 | NOTICE OF ORAL ARGUMENT SENT | |
30 | 04/16/2013 | REQUEST TO WAIVE ORAL ARGUMENT BY APPELLANT | |
31 | 04/16/2013 | E-FILED MOTION | |
32 | 04/16/2013 | RESPONSE TO REQUEST TO WAIVE ORAL ARGUMENT BY APPELLANT FILED BY APPELLE (NO OBJECTION) | |
33 | 04/16/2013 | EFILED RESPONSE | |
34 | 04/16/2013 | REQUEST TO WAIVE ORAL ARGUMENT ON BEHALF OF APPELLEE | |
35 | 04/16/2013 | E-FILED MOTION | |
36 | 04/18/2013 | ACTION BY SUPREME COURT (Request to Waive Oral Argument by Appellant) (denied) | |
37 | 04/18/2013 | ACTION BY SUPREME COURT (Request to Waive Oral Argument by Appellee) (denied) | |
38 | 04/19/2013 | ACTION BY SUPREME COURT (reconsidered)(Appellant's request to waive oral argument) - Granted | |
39 | 04/19/2013 | ACTION BY SUPREME COURT (reconsidered)(Appellee's request to waive oral argument) - Granted | |
40 | 04/22/2013 | APPEARANCES: Waived under N.D.R.App.34(f) | |
41 | 04/22/2013 | ARGUED: waived | |
42 | 10/22/2013 | DISPOSITION | |
43 | 10/22/2013 | SPLIT OPINION : Maring, Mary Muehlen | View |
44 | 10/22/2013 | DISSENT : Sandstrom, Dale V. | |
45 | 10/23/2013 | Judgment Sent to Parties | |
46 | 11/14/2013 | MANDATE | |
47 | 11/18/2013 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE | |
48 | 11/02/2021 | EXPUNGED - Nonpermanent record items destroyed |