State v. White Bird
Docket No. 20130402
Oral Argument:
Wednesday, September 24, 2014 10:30am
Docket Info
- Title
- State of North Dakota, Plaintiff and Appellee
v.
Damon John White Bird, Defendant and Appellant - Case Type
- CRIMINAL APPEAL : MISC. STATUTORY OFFENSE (FELONY)
- Appeal From
-
Case No. 2013-CR-01117
East Central Judicial District, Cass County
Wickham Corwin
2015 ND 41858 N.W.2d 642
Oral Argument
9/24/2014
Highlight
The corollary to a criminal defendant's constitutional right to counsel is a defendant's right to self-representation. To represent oneself, a criminal defendant must voluntarily, knowingly, and intelligently waive the right to counsel.
A district court has a continuing responsibility during trial to decide whether a self-represented defendant is competent to present his or her own defense. To ensure the defendant is afforded a fair trial, a district court can appoint counsel for the defendant during trial if the court determines the defendant is no longer competent to present his or her own defense.
A party may not challenge as error a ruling or other trial proceeding invited by that party.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
| Seq. # | Filing Date | Description | Attachment |
|---|---|---|---|
| 1 | 12/11/2013 | NOTICE OF APPEAL : 12/10/2013 | |
| 2 | 12/11/2013 | ORDER FOR TRANSCRIPT : 12/10/2013 | |
| 3 | 01/07/2014 | ELEC. RECORD ON APPEAL DATED JANUARY 6, 2014 (ENTRY NOS.1-60, 63-391)(Rcv'd by U.S. Mail #61 & 62) | |
| 4 | 01/24/2014 | ELEC. SUPP. RECORD ON APPEAL DATED JANUARY 23, 2014 (ENTRY NOS. 492-495) | |
| 5 | 01/24/2014 | MOT. EXT/TIME TRANSCRIPT | |
| 6 | 01/24/2014 | ACTION BY TRIAL COURT - Granted : 03/10/2014 | |
| 7 | 02/14/2014 | Monty Mertz appointed counsel for Appellant | |
| 8 | 03/07/2014 | TRANSCRIPTS DATED JULY 30, 2013, JULY 31, 2013, AUGUST 1, 2013, AUGUST 2, 2013, | |
| 9 | 03/07/2014 | AND AUGUST 5, 2013 & C.O.S. | |
| 10 | 03/07/2014 | DISK-Transcripts dated July 30, 2013, July 31, 2013, Aug 1, 2013, Aug 2, 2013, & Aug 5, 2013(email) | |
| 11 | 03/11/2014 | TRANSCRIPTS DATED JUNE 26, 2013, JULY 26, 2013, JULY 29, 2013, AND NOVEMBER 18, 2013 & C.O.S. | |
| 12 | 03/11/2014 | DISK-Transcripts dated June 26, 2013, July 26, 2013, July 29, 2013, and November 18, 2013 (e-mailed | |
| 13 | 03/12/2014 | TRANSCRIPT DATED APRIL 5, 2013 & C.O.S. | |
| 14 | 03/24/2014 | DISK-Transcript dated April 5, 2013 (e-mailed) | |
| 15 | 04/07/2014 | TRANSCRIPT DATED JULY 24, 2013 & C.O.S. | |
| 16 | 04/07/2014 | DISK-Transcript dated July 24, 2013 (e-mailed) | |
| 17 | 04/09/2014 | Received additional duplicate copies of transcript dated July 24, 2013 | |
| 18 | 04/14/2014 | MOT. EXT/TIME APPELLANT BRIEF | |
| 19 | 04/15/2014 | ACTION BY CLERK - Granted : 05/05/2014 | |
| 20 | 05/05/2014 | APPELLANT BRIEF (PDF) | View |
| 21 | 05/05/2014 | E-FILED BRIEF (PDF) | |
| 22 | 05/05/2014 | APPELLANT APPENDIX | |
| 23 | 05/05/2014 | E-FILED APPENDIX | |
| 24 | 05/12/2014 | Rcv'd 7 copies of ATB & 6 copies of ATA from CSD | |
| 25 | 05/13/2014 | E-filing surcharge for ATB paid 5-12-14 through inter-departmental billing. | |
| 26 | 05/29/2014 | APPELLEE BRIEF | View |
| 27 | 05/29/2014 | E-FILED BRIEF | |
| 28 | 06/03/2014 | Rcv'd 7 copies of AEB from CSD | |
| 29 | 06/04/2014 | Supplemental Brief of Indigent Appellant purusant to Rule 24 N.D.R.App.P (scanned) | View |
| 30 | 06/04/2014 | DISK NONCOMPLIANCE (scanned) | |
| 31 | 06/05/2014 | Rcv'd 7 copies of Supplemental Brief of Indigent Appellant from CSD | |
| 32 | 06/04/2014 | Rcv'd $25 surcharge for AEB (receipt #22828) | |
| 33 | 06/11/2014 | REPLY BRIEF (PDF) | View |
| 34 | 06/11/2014 | E-FILED BRIEF (PDF) | |
| 35 | 06/17/2014 | Rec'd 7 copies of RYB from Central Duplicating | |
| 36 | 08/11/2014 | NOTICE OF ORAL ARGUMENT SENT | |
| 37 | 09/24/2014 | APPEARANCES: Monty Mertz; Tristan J. Van de Streek | |
| 38 | 09/24/2014 | ARGUED: Monty Mertz; Tristan J. Van de Streek | |
| 39 | 09/24/2014 | ORAL ARGUMENT WEBCAST | |
| 40 | 02/12/2015 | DISPOSITION | |
| 41 | 02/12/2015 | UNANIMOUS OPINION : Sandstrom, Dale V. | View |
| 42 | 02/13/2015 | Judgment Sent to Parties | |
| 43 | 02/25/2015 | MOTION FOR Enlargement of Time and Motion for Production of Documents | |
| 44 | 02/26/2015 | ACTION BY CHIEF JUSTICE (production of documents) - Denied | |
| 45 | 02/25/2015 | Mot. Ext/Time Petition for Rehearing | |
| 46 | 02/26/2015 | ACTION BY SUPREME COURT (petition for rehearing) - Granted : 03/13/2015 | |
| 47 | 03/11/2015 | Received non-compliant PER; returned given until March 18, 2015 to file revised | |
| 48 | 03/18/2015 | PETITION FOR REHEARING | View |
| 49 | 03/18/2015 | DISK NONCOMPLIANCE (scanned) | |
| 50 | 04/28/2015 | DENIED PETITION FOR REHEARING - Denied | View |
| 51 | 05/19/2015 | MANDATE | |
| 52 | 05/26/2015 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE | |
| 53 | 02/24/2022 | EXPUNGED - Nonpermanent record items destroyed |