State v. Lyon
Docket No. 20190164
Oral Argument:
Thursday, December 5, 2019 1:30 PM
Docket Info
- Title
- State of North Dakota, Plaintiff and Appellee
v.
Branden Lyle Lyon, Defendant and Appellant - Case Type
- CRIMINAL APPEAL : HOMICIDE
- Appeal From
-
Case No. 2015-CR-02791
South Central Judicial District, Burleigh County
Daniel James Borgen
2020 ND 34938 N.W.2d 908
Oral Argument
12/5/2019
Highlight
Issues which are beyond the scope of a remand in a prior appeal will not be addressed in a subsequent appeal after remand.
Under the law of the case doctrine, a party cannot on a second appeal relitigate issues which were resolved by the court in a first appeal or which would have been resolved had they been properly presented in the first appeal.
Appellate review of a sentencing court’s decision is confined to whether the sentencing court acted within the limits prescribed by statute or substantially relied on an impermissible factor.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
| Seq. # | Filing Date | Description | Attachment |
|---|---|---|---|
| 1 | 05/20/2019 | NOTICE OF APPEAL : 05/20/2019 | |
| 2 | 05/21/2019 | NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV. | |
| 3 | 05/21/2019 | Notice served on Thomas J. Glass and Julie A. Lawyer | |
| 4 | 06/12/2019 | Rec'd Notice of Assignment of Counsel by Kiara C.Kraus-Parr | |
| 5 | 06/18/2019 | ELEC. RECORD ON APPEAL DATED JUNE 17, 2019 (ENTRY NOS.1 - 323)(Not Rec. 176-189) | |
| 6 | 06/19/2019 | ORDER FOR TRANSCRIPT : 06/20/2019 | |
| 7 | 08/09/2019 | ELECTRONIC TRANSCRIPT DATED FEBRUARY 12, 2019 | |
| 8 | 08/09/2019 | ELECTRONIC TRANSCRIPT DATED APRIL 22, 2019 | |
| 9 | 08/09/2019 | CERTIFICATE OF SERVICE FOR TRANSCRIPTS | |
| 10 | 09/18/2019 | APPELLANT BRIEF | View |
| 11 | 09/18/2019 | Oral Argument Request by Appellant | |
| 12 | 09/18/2019 | APPELLANT APPENDIX | |
| 13 | 09/26/2019 | Rec'd 6 copies of ATB and ATA back from Central Duplicating | |
| 14 | 10/18/2019 | APPELLEE BRIEF | View |
| 15 | 10/22/2019 | Rec'd 6 copies of AEB from Central Duplicating | |
| 16 | 11/18/2019 | NOTICE OF ORAL ARGUMENT SENT | |
| 17 | 12/05/2019 | APPEARANCES: Kiara C. Kraus-Parr; Julie A. Lawyer | |
| 18 | 12/05/2019 | ARGUED: Kiara C. Kraus-Parr; Julie A. Lawyer | |
| 19 | 12/05/2019 | ORAL ARGUMENT WEBCAST | |
| 20 | 02/12/2020 | DISPOSITION | |
| 21 | 02/12/2020 | UNANIMOUS OPINION : VandeWalle, Gerald W. | View |
| 22 | 02/13/2020 | Judgment Sent to Parties on February 13, 2020 | |
| 23 | 03/11/2020 | MANDATE |