State v. Blue
Docket No. 20170387
Oral Argument:
Monday, May 14, 2018 2:45 PM
Docket Info
- Title
- State of North Dakota, Plaintiff and Appellee
v.
James Milton Blue, II, Defendant and Appellant - Case Type
- CRIMINAL APPEAL : MISC. STATUTORY OFFENSE (FELONY)
- Appeal From
-
Case No. 2017-CR-00122
North Central Judicial District, Ward County
Gary H. Lee
2018 ND 171915 N.W.2d 122
Oral Argument
5/14/2018
Highlight
Article I, Section 25(1)(n), N.D. Const., and N.D.C.C. 12.1-32-08(1)(b) are not in conflict, and the court must attempt to harmonize a statute and a constitutional provision when possible.
When a claim of disproportionality is made, the court first compares the gravity of the offense to the harshness of the penalty. If the court finds a gross disproportion ality exists, then the court should compare the defendant's sentence with sentences received by other offenders in the same jurisdiction and with sentences imposed for the same crime in other jurisdictions.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
Seq. # | Filing Date | Description | Attachment |
---|---|---|---|
1 | 11/02/2017 | NOTICE OF APPEAL : 11/02/2017 | |
2 | 11/02/2017 | ORDER FOR TRANSCRIPT : 11/03/2017 | |
3 | 11/02/2017 | This case is consolidated w/20170388 Make all entries except NOA, ROA, DIS, & MAN in this case | |
4 | 11/02/2017 | NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV. | |
5 | 11/02/2017 | Notice served on Patrick W. Waters & Kelly A. Dillon | |
6 | 11/15/2017 | ORDER OF REMAND | |
7 | 11/15/2017 | Amended Judgment entered in district court | |
8 | 12/01/2017 | ELEC. RECORD ON APPEAL DATED NOVEMBER 30, 2017 (ENTRY NOS.1-21 & 23-114) | |
9 | 12/30/2017 | ELECTRONIC TRANSCRIPTS DATED JANUARY 20, 2017, AUGUST 3, 2017, AUGUST 21, 2017, | |
10 | 12/30/2017 | OCTOBER 11, 2017, OCTOBER 27, 2017 & C.O.S. | |
11 | 01/18/2018 | Ben Pulkrabek is assigned Appellant counsel | |
12 | 02/07/2018 | Kiara C. Kraus-Parr assigned Appellant counsel | |
13 | 02/07/2018 | MOT. EXT/TIME APPELLANT BRIEF | |
14 | 02/07/2018 | E-FILED MOTION | |
15 | 02/07/2018 | ACTION BY CHIEF JUSTICE - Granted : 03/20/2018 | |
16 | 03/13/2018 | 1ST ELEC. SUPP. RECORD ON APPEAL DATED MARCH 12, 2018 (ENTRY NOS.115-119) | |
17 | 03/20/2018 | APPELLANT BRIEF (PDF) | View |
18 | 03/20/2018 | E-FILED BRIEF | |
19 | 03/20/2018 | APPELLANT APPENDIX | |
20 | 03/20/2018 | E-FILED APPENDIX | |
21 | 03/21/2018 | Received C.O.S. for ATB on indigent Appellant | |
22 | 03/23/2018 | Received 6 copies of ATB from Central Duplicating | |
23 | 03/26/2018 | Received 6 copies of ATA from Central Duplicating | |
24 | 03/27/2018 | Received ATB $25 e-filing surcharge (Receipt #26012) | |
25 | 04/17/2018 | NOTICE OF ORAL ARGUMENT SENT | |
26 | 04/18/2018 | APPELLEE BRIEF (PDF) | View |
27 | 04/18/2018 | E-FILED BRIEF | |
28 | 04/19/2018 | Received 6 copies of AEB from Central Duplicating | |
29 | 04/23/2018 | Received $25 e-filing surcharge (Receipt #26093) | |
30 | 05/14/2018 | APPEARANCES: Kiara C. Kraus-Parr; Kelly A. Dillon | |
31 | 05/14/2018 | ARGUED: Kiara C. Kraus-Parr; Kelly A. Dillon | |
32 | 05/14/2018 | ORAL ARGUMENT WEBCAST | |
33 | 07/11/2018 | DISPOSITION (and remanded) | |
34 | 07/11/2018 | SPLIT OPINION : McEvers, Lisa K. Fair | View |
35 | 07/11/2018 | Concurrence and dissent : Jensen, Jon J. | |
36 | 07/11/2018 | Join in Concurrence and dissent : Tufte, Jerod E. | |
37 | 07/12/2018 | Judgment Sent to Parties | |
38 | 07/19/2018 | Rec'd notice that Kalli Hoffman has been assigned as counsel | |
39 | 07/23/2018 | 2nd ELEC. SUPP. RECORD ON APPEAL DATED July 20, 2018 (ENTRY NOS.120-123) | |
40 | 07/31/2018 | 3rd ELEC. SUPP. RECORD ON APPEAL DATED JULY 30, 2018 (ENTRY NOS. 124 - 126) | |
41 | 08/03/2018 | MANDATE |