State v. Wilder
Docket No. 20170187
Oral Argument:
Tuesday, February 27, 2018 2:45 PM
Docket Info
- Title
- State of North Dakota, Plaintiff and Appellee
v.
Richie E. Wilder, Jr., Defendant and Appellant - Case Type
- CRIMINAL APPEAL : HOMICIDE
- Appeal From
-
Case No. 2015-CR-02854
North Central Judicial District, Ward County
Gary H. Lee
2018 ND 93909 N.W.2d 684
Oral Argument
2/27/2018
Highlight
A comment on the defendant's post-arrest silence is an improper comment on the right to remain silent in violation of the Fifth and Fourteenth Amendments of the United States Constitution.
The statutory sentencing provisions do not authorize the sentencing court to order no contact as part of a prison sentence.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
| Seq. # | Filing Date | Description | Attachment |
|---|---|---|---|
| 1 | 05/17/2017 | NOTICE OF APPEAL : 05/17/2017 | |
| 2 | 05/17/2017 | ORDER FOR TRANSCRIPT (transmitted 5/18/17) | |
| 3 | 05/19/2017 | NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV. | |
| 4 | 05/19/2017 | Notice served on Richie Edwin Wilder, Jr. & Kelly A. Dillon | |
| 5 | 05/22/2017 | Ben C. Pulkrabek assigned Appellant counsel | |
| 6 | 06/15/2017 | ELEC. RECORD ON APPEAL DATED JUNE 14, 2017 (ENTRY NOS.1-74, 78-225, 228, 250, 252, 257 & 260-295) | |
| 7 | 06/15/2017 | CONT. (ITEMS NOT SENT. 226-227, 251, 253-256, 258-259) (ITEMS NOT ELEC: 75-77) | |
| 8 | 06/29/2017 | ELECTRONIC TRANSCRIPTS DATED DECEMBER 13, 2016 W/ ATTACHED REDACTION KEY, | |
| 9 | 06/29/2017 | DECEMBER 14, 2016, DECEMBER 15, 2016, DECEMBER 16, 2016 & C.O.S. | |
| 10 | 07/10/2017 | Rec'd non-substantive corrections to transcripts (witness/exhibit list for each transcript) | |
| 11 | 07/05/2017 | ELECTRONIC TRANSCRIPT DATED MAY 4, 2017 & C.O.S. | |
| 12 | 07/20/2017 | MOTION FOR REMAND - RspDue : 07/28/2017 | |
| 13 | 07/21/2017 | Response Filed - Resistance to Motion for Remand | |
| 14 | 07/21/2017 | ACTION BY CHIEF JUSTICE - Denied | |
| 15 | 07/21/2017 | Chief Justice stayed briefing schedule provided Rule 35(a) motion is filed w/ the district court on | |
| 16 | 07/21/2017 | dist. ct. on or before July 31, 2017, and promptly set for hearing or other appropriate disposition | |
| 17 | 07/31/2017 | Notice from district court of filing of Motion to Correct Illegal Sentence | |
| 18 | 08/01/2017 | Briefing schedule stayed | |
| 19 | 08/01/2017 | 1ST ELEC. SUPP. RECORD ON APPEAL DATED JULY 31, 2017 (ENTRY NOS. 296-312) | |
| 20 | 08/17/2017 | 2ND ELEC. SUPP. RECORD ON APPEAL DATED AUGUST 16, 2017 (ENTRY NOS.313-324) | |
| 21 | 09/20/2017 | 2ND NOTICE OF APPEAL | |
| 22 | 09/20/2017 | ORDER FOR TRANSCRIPT : 09/22/2017 | |
| 23 | 09/21/2017 | ELEC. RECORD ON APPEAL DATED SEPTEMBER 20, 2017 (ENTRY NOS.1-74, 78-225, 228-250, 252, 257 | |
| 24 | 09/21/2017 | 260-335) (NOT SENT 226, 227, 251, 253-256 & 258-259) (RE-FILED) | |
| 25 | 09/25/2017 | NOT. OF FILING 2ND NOT. OF APPEAL AND PROOF OF SERV. | |
| 26 | 09/25/2017 | Notice served on Ben Pulkrabek, Raissa R. Carpenter & Kelly A. Dillon | |
| 27 | 09/25/2017 | MOT. EXT/TIME APPELLANT BRIEF (sua sponte) 40 days after the filing of the tra | |
| 28 | 09/25/2017 | ACTION BY CLERK (sua sponte) 40 days after the filing of the tra | |
| 29 | 09/25/2017 | AMENDED NOTICE OF APPEAL | |
| 30 | 09/26/2017 | NOT. OF FILING AMENDED NOT. OF APPEAL AND PROOF OF SERV. | |
| 31 | 09/26/2017 | Notice served on Ben Pulkrabek, Raissa R. Carpenter & Kelly A. Dillon | |
| 32 | 10/17/2017 | ELECTRONIC TRANSCRIPT DATED SEPTEMBER 11, 2017 & C.O.S. | |
| 33 | 10/23/2017 | 3RD ELEC. RECORD ON APPEAL DATED OCTOBER 20, 2017 (ENTRY NOS.336-344) | |
| 34 | 11/21/2017 | APPELLANT BRIEF (PDF) | View |
| 35 | 11/21/2017 | E-FILED BRIEF (PDF) | |
| 36 | 11/21/2017 | APPELLANT APPENDIX | |
| 37 | 11/21/2017 | E-FILED APPENDIX | |
| 38 | 11/22/2017 | Received non-substantive corrections to ATB (Table of Authorities) | |
| 39 | 11/22/2017 | Received $25 ATB e-filing surcharge (Receipt #25607) | |
| 40 | 11/27/2017 | Received $39 ATA overage fee (Receipt #25609) | |
| 41 | 11/30/2017 | Received 6 copies of ATB from Central Duplicating | |
| 42 | 11/30/2017 | Received 6 copies of ATA from Central Duplicating | |
| 43 | 12/19/2017 | APPELLEE BRIEF (PDF) | View |
| 44 | 12/19/2017 | E-FILED BRIEF (PDF) | |
| 45 | 12/22/2017 | Received AEB $25 e-filing surcharge (Receipt #25825) | |
| 46 | 12/22/2017 | Received 6 copies of AEB from Central Duplicating | |
| 47 | 01/11/2018 | MOTION TO ALLOW 2 APPELLANT ATTORNEYS TO ARGUE | |
| 48 | 01/11/2018 | E-FILED MOTION | |
| 49 | 01/11/2018 | ACTION BY CHIEF JUSTICE | |
| 50 | 01/23/2018 | NOTICE OF ORAL ARGUMENT SENT | |
| 51 | 02/05/2018 | Request for Radio/TV Coverage - KMOT TV | |
| 52 | 02/06/2018 | ACTION BY CLERK - Granted | |
| 53 | 02/27/2018 | APPEARANCES: Raissa R. Carpenter; Kelly A. Dillon | |
| 54 | 02/27/2018 | ARGUED: Raissa R. Carpenter; Kelly A. Dillon | |
| 55 | 02/27/2018 | ORAL ARGUMENT WEBCAST | |
| 56 | 02/28/2018 | 4TH ELEC. SUPP. RECORD ON APPEAL DATED FEBRUARY 28, 2018 (ENTRY NOS. 345-346) | |
| 57 | 02/28/2018 | (RECEIVED BY U.S. MAIL DOCKET ENTRIES 226 & 227 (DVDs) | |
| 58 | 04/10/2018 | DISPOSITION (AND REMANDED) | |
| 59 | 04/10/2018 | SPLIT OPINION : McEvers, Lisa K. Fair | View |
| 60 | 04/10/2018 | CONCUR : VandeWalle, Gerald W. | |
| 61 | 04/11/2018 | Judgment Sent to Parties | |
| 62 | 04/23/2018 | PETITION FOR REHEARING (PDF) | View |
| 63 | 04/23/2018 | E-FILED BRIEF | |
| 64 | 04/24/2018 | Received 6 copies of PER from Central Duplicating | |
| 65 | 05/08/2018 | ACTION BY SUPREME COURT - Denied Petition for Rehearing - Denied | |
| 66 | 05/18/2018 | MANDATE | |
| 67 | 05/24/2018 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE | |
| 68 | 05/04/2023 | EXPUNGED - Nonpermanent record items destroyed |