State v. Hunter
Docket No. 20170345
Oral Argument:
Wednesday, April 11, 2018 1:00 PM
Docket Info
- Title
- State of North Dakota, Plaintiff and Appellee
v.
Ashley Kenneth Hunter, Defendant and Appellant - Case Type
- CRIMINAL APPEAL : HOMICIDE
- Appeal From
-
Case No. 2015-CR-02085
East Central Judicial District, Cass County
Norman G. Anderson
2018 ND 173914 N.W.2d 527
Oral Argument
4/11/2018
Highlight
Whether a defendant voluntarily, knowingly, and intelligently waived his Miranda rights depends on the totality of the circumstances.
A lapse of time between a defendant's being given the Miranda warning and the custodial interrogation is one factor in determining whether a defendant has voluntarily waived his rights.
Drug use or fatigue are relevant factors in determining whether a defendant has voluntarily waived his rights.
Physician-patient privilege under N.D.R.Ev. 503 applies only to communications made for the purpose of diagnosis or treatment.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
| Seq. # | Filing Date | Description | Attachment |
|---|---|---|---|
| 1 | 09/18/2017 | NOTICE OF APPEAL : 09/18/2017 | |
| 2 | 09/18/2017 | ORDER FOR TRANSCRIPT : 09/20/2017 | |
| 3 | 09/19/2017 | NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV. | |
| 4 | 09/19/2017 | Notice served on Samuel A. Gereszek and Carmell F. Mattison | |
| 5 | 09/21/2017 | NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV. | |
| 6 | 09/21/2017 | Notice served on Samuel A. Gereszek and Leah Jo Viste | |
| 7 | 10/19/2017 | ELEC. RECORD ON APPEAL DATED OCTOBER 18, 2017 (1-34,36-148,150-287,289-291,293-449,452-458, CONT. | |
| 8 | 10/19/2017 | 461-467,470-560,563-568 & 570-616) Items Not Electronic: 35, 149, 288, 292, 459, 460 CONT. | |
| 9 | 10/19/2017 | 468, 469, & 569 | |
| 10 | 10/19/2017 | Rec'd by U.S. Mail Docket #'s 35, 149, 288, 292, 459, 460, 468, 469, & 569 | |
| 11 | 10/19/2017 | ELECTRONIC TRANSCRIPT DATED NOVEMBER 15, 2016 & C.O.S. | |
| 12 | 10/26/2017 | 1ST ELEC. SUPP. RECORD ON APPEAL DATED OCTOBER 25, 2017 (ENTRY NOS. 561, 562, 617) | |
| 13 | 10/27/2017 | Rec'd by U.S. Mail Docket #'s 561 & 562 (Exhibits 199 & 200) (paper) | |
| 14 | 11/06/2017 | ELECTRONIC TRANSCRIPTS DATED MARCH 1, 2016, SEPTEMBER 5, 2017 & C.O.S. | |
| 15 | 11/07/2017 | ELECTRONIC TRANSCRIPTS DATED DECEMBER 1, 2015, OCTOBER 7, 2016, | |
| 16 | 11/07/2017 | MARCH 8, 2017, APRIL 26, 2017, MAY 17, 2017, MAY 22, 23, 24, 25, 26, 30, 31, 2017, | |
| 17 | 11/07/2017 | JUNE 1, 2, 2017, & C.O.S. | |
| 18 | 11/08/2017 | ELECTRONIC TRANSCRIPT DATED JUNE 29, 2015 & C.O.S. | |
| 19 | 11/09/2017 | ELECTRONIC TRANSCRIPT DATED JUNE 24, 2015 & C.O.S. | |
| 20 | 11/13/2017 | ELECTRONIC TRANSCRIPT DATED OCTOBER 10, 2016 & C.O.S. | |
| 21 | 12/19/2017 | MOT. EXT/TIME APPELLANT BRIEF | |
| 22 | 12/19/2017 | E-FILED MOTION | |
| 23 | 12/19/2017 | ACTION BY CLERK - Granted : 01/23/2018 | |
| 24 | 01/23/2018 | Rec'd non-compliant brief ATB (word limit 32(7)(a)) | |
| 25 | 01/23/2018 | APPELLANT APPENDIX | |
| 26 | 01/23/2018 | E-FILED APPENDIX | |
| 27 | 01/26/2018 | Rec'd $25 e-filing surcharge (25884) | |
| 28 | 01/29/2018 | Rec'd compliant ATB (word limit) | |
| 29 | 01/29/2018 | APPELLANT BRIEF (PDF) | View |
| 30 | 01/29/2018 | E-FILED BRIEF (PDF) | |
| 31 | 01/30/2018 | Rec'd 6 copies of ATB and 6 copies of ATA from Central Duplicating | |
| 32 | 02/01/2018 | Consent of Ashley K. Hunter and Samuel A. Gereszek for Anna Dearth, 3rd year law student was rcv'd | |
| 33 | 02/21/2018 | Supplemental Statement of Indigent Appellant pursuant to Rule 24 N.D.R.App.P. (PDF) (Scanned) | |
| 34 | 02/21/2018 | DISK NONCOMPLIANCE (No issues Scanned) | |
| 35 | 02/28/2018 | APPELLEE BRIEF | View |
| 36 | 02/28/2018 | E-FILED BRIEF | |
| 37 | 03/05/2018 | Rec'd $25 e-filing surcharge for AEB (receipt #25965) | |
| 38 | 03/06/2018 | Rec'd 6 copies of AEB from Central Duplicating | |
| 39 | 03/07/2018 | MOTION FOR Filing a Supplemental Appellee's brief | |
| 40 | 03/07/2018 | E-FILED MOTION | |
| 41 | 03/07/2018 | ACTION BY CHIEF JUSTICE - Granted : 03/20/2018 | |
| 42 | 03/19/2018 | NOTICE OF ORAL ARGUMENT SENT | |
| 43 | 03/20/2018 | SUPPLEMENTAL APPELLEE BRIEF | View |
| 44 | 03/20/2018 | E-FILED BRIEF | |
| 45 | 03/20/2018 | Received 6 copies of the supplemental AEB from Central Duplicating | |
| 46 | 04/03/2018 | MOTION to Allow Longer Oral Argument | |
| 47 | 04/05/2018 | ACTION BY SUPREME COURT - Denied | |
| 48 | 04/11/2018 | APPEARANCES: Samuel A. Gereszek; Anna Dearth, 3rd year law student; Birch P. Burdick | |
| 49 | 04/11/2018 | ARGUED: Samuel A. Gereszek; Birch P. Burdick | |
| 50 | 04/11/2018 | ORAL ARGUMENT WEBCAST | |
| 51 | 07/11/2018 | DISPOSITION | |
| 52 | 07/11/2018 | UNANIMOUS OPINION : Tufte, Jerod E. | View |
| 53 | 07/12/2018 | Judgment Sent to Parties | |
| 54 | 08/08/2018 | MANDATE | |
| 55 | 08/10/2018 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE | |
| 56 | 09/06/2018 | Corrected Opinion Page 6 replacing Treesch with Treesh and Page 10 adding , after officers | |
| 57 | 10/19/2018 | Notice of filing Petition for Writ of Certiorari to U.S Supreme Court | |
| 58 | 01/14/2019 | Letter from U.S. Supreme Court Denying Petition for Writ of Certiorari | |
| 59 | 08/15/2023 | EXPUNGED - Nonpermanent record items destroyed |