State v. Borland
Docket No. 20200053
Oral Argument:
Monday, December 7, 2020 9:30 AM
Docket Info
- Title
- State of North Dakota, Plaintiff and Appellee
v.
Jordan Lee Borland, Defendant and Appellant - Case Type
- CRIMINAL APPEAL : HOMICIDE
- Appeal From
-
Case No. 2017-CR-00064
Northeast Central Judicial District, Nelson County
M. Jason McCarthy
2021 ND 52956 N.W.2d 412
Oral Argument
12/7/2020
Highlight
A defendant waives the constitutional protection against being placed in double jeopardy after a verdict or judgment against them is set aside at their own instance, either by motion in trial court or upon successful appeal.
The circumstances under which such a defendant may invoke the bar of double jeopardy in a second effort to try him are limited to those cases in which the conduct giving rise to the successful motion for a mistrial was intended to provoke the defendant into moving for a mistrial.
When analyzing a constitutional speedy trial claim, this Court considers the length of the delay, the reason for the delay, the accused’s assertion of the right to a speedy trial, and the prejudice to the accused.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
| Seq. # | Filing Date | Description | Attachment |
|---|---|---|---|
| 1 | 02/25/2020 | NOTICE OF APPEAL : 02/25/2020 | |
| 2 | 02/25/2020 | ORDER FOR TRANSCRIPT : 03/03/2020 | |
| 3 | 02/26/2020 | NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV. | |
| 4 | 02/26/2020 | Notice Served on Jessica J. Ahrendt and Jayme J. Tenneson | |
| 5 | 03/26/2020 | ELEC. RECORD ON APPEAL DATED MARCH 25, 2020 (ENTRY NOS. #1- #585) | |
| 6 | 04/13/2020 | 1ST ELEC. SUPP. RECORD ON APPEAL DATED APRIL 9, 2020 (ENTRY NOS. 586-587) | |
| 7 | 04/24/2020 | ELECTRONIC TRANSCRIPT DATED JANUARY 17, 2020 | |
| 8 | 04/24/2020 | TRANSCRIPT C.O.S. | |
| 9 | 04/24/2020 | MOT. EXT/TIME TRANSCRIPT | |
| 10 | 04/27/2020 | ACTION BY TRIAL COURT - Granted : 06/02/2020 | |
| 11 | 04/27/2020 | 2ND ELEC. SUPP. RECORD ON APPEAL DATED APRIL 24, 2020 (ENTRY NOS. 589-591) | |
| 12 | 04/27/2020 | 3RD ELEC. SUPP. RECORD ON APPEAL DATED APRIL 27, 2020 (ENTRY NOS. 593-594) | |
| 13 | 04/27/2020 | 4TH ELEC. SUPP. RECORD ON APPEAL DATED APRIL 27, 2020 (ENTRY NOS. 592 and 595) | |
| 14 | 04/27/2020 | 5TH ELEC. SUPP. RECORD ON APPEAL DATED APRIL 27, 2020 (ENTRY NOS. 588 and 596) | |
| 15 | 04/30/2020 | ELECTRONIC TRANSCRIPT DATED JULY 10, 2018 | |
| 16 | 04/30/2020 | TRANSCRIPT C.O.S. | |
| 17 | 05/04/2020 | 6TH ELEC. SUPP. RECORD ON APPEAL DATED MAY 1, 2020 (ENTRY NOS. 597-598) | |
| 18 | 05/21/2020 | ELECTRONIC TRANSCRIPT DATED MARCH 2, 2018 | |
| 19 | 05/21/2020 | ELECTRONIC TRANSCRIPT DATED MARCH 11, 2019 | |
| 20 | 05/21/2020 | ELECTRONIC TRANSCRIPT DATED MAY 11, 2018 | |
| 21 | 05/21/2020 | ELECTRONIC TRANSCRIPT DATED JULY 20, 2018 | |
| 22 | 05/21/2020 | ELECTRONIC TRANSCRIPT DATED SEPTEMBER 28, 2018 | |
| 23 | 05/21/2020 | ELECTRONIC TRANSCRIPT DATED APRIL 3, 2019 | |
| 24 | 05/21/2020 | ELECTRONIC TRANSCRIPT DATED APRIL 26, 2019 | |
| 25 | 05/21/2020 | ELECTRONIC TRANSCRIPT DATED JULY 5, 2019 | |
| 26 | 05/21/2020 | ELECTRONIC TRANSCRIPT DATED JULY 5, 2019 REDACTION KEY | |
| 27 | 05/21/2020 | ELECTRONIC TRANSCRIPT DATED JANUARY 31, 2020 | |
| 28 | 05/21/2020 | TRANSCRIPT C.O.S. | |
| 29 | 06/01/2020 | ELECTRONIC TRANSCRIPT DATED OCTOBER 2, 2018 | |
| 30 | 06/01/2020 | ELECTRONIC TRANSCRIPT DATED OCTOBER 3, 2018 | |
| 31 | 06/01/2020 | ELECTRONIC TRANSCRIPT DATED OCTOBER 4, 2018 | |
| 32 | 06/01/2020 | ELECTRONIC TRANSCRIPT DATED OCTOBER 5, 2018 | |
| 33 | 06/01/2020 | ELECTRONIC TRANSCRIPT DATED OCTOBER 5, 2018 REDACTION KEY | |
| 34 | 06/01/2020 | TRANSCRIPT C.O.S. | |
| 35 | 06/01/2020 | ELECTRONIC TRANSCRIPT DATED FEBRUARY 3, 2020 | |
| 36 | 06/01/2020 | ELECTRONIC TRANSCRIPT DATED FEBRUARY 3, 2020 REDACTION KEY | |
| 37 | 06/01/2020 | ELECTRONIC TRANSCRIPT DATED FEBRUARY 4, 2020 | |
| 38 | 06/01/2020 | ELECTRONIC TRANSCRIPT DATED FEBRUARY 5, 2020 | |
| 39 | 06/01/2020 | ELECTRONIC TRANSCRIPT DATED FEBRUARY 6, 2020 | |
| 40 | 06/01/2020 | ELECTRONIC TRANSCRIPT DATED FEBRUARY 6, 2020 REDACTION KEY | |
| 41 | 06/01/2020 | ELECTRONIC TRANSCRIPT DATED FEBRUARY 7, 2020 | |
| 42 | 06/01/2020 | TRANSCRIPT C.O.S. | |
| 43 | 06/02/2020 | ELECTRONIC TRANSCRIPT DATED NOVEMBER 9, 2017 | |
| 44 | 06/02/2020 | TRANSCRIPT C.O.S. | |
| 45 | 06/02/2020 | ELECTRONIC TRANSCRIPT DATED JULY 8, 2019 | |
| 46 | 06/02/2020 | ELECTRONIC TRANSCRIPT DATED JULY 9, 2019 | |
| 47 | 06/02/2020 | ELECTRONIC TRANSCRIPT DATED JULY 10, 2019 | |
| 48 | 06/02/2020 | ELECTRONIC TRANSCRIPT DATED JULY 10, 2019 REDACTION KEY | |
| 49 | 06/02/2020 | ELECTRONIC TRANSCRIPT DATED JULY 11, 2019 | |
| 50 | 06/02/2020 | ELECTRONIC TRANSCRIPT DATED JULY 12, 2019 | |
| 51 | 06/02/2020 | ELECTRONIC TRANSCRIPT DATED JULY 15, 2019 | |
| 52 | 06/02/2020 | TRANSCRIPT C.O.S. | |
| 53 | 06/02/2020 | ELECTRONIC TRANSCRIPT DATED FEBRUARY 3, 2020 2ND REDACTION KEY | |
| 54 | 06/02/2020 | ELECTRONIC TRANSCRIPT DATED OCTOBER 2, 2018 REDACTION KEY | |
| 55 | 06/02/2020 | ELECTRONIC TRANSCRIPT DATED OCTOBER 4, 2018 REDACTION KEY | |
| 56 | 06/02/2020 | Rec'd non-substantive correction to transcript (2-3-20)(redaction) | |
| 57 | 06/02/2020 | Rec'd non-substantive correction to transcript (10-2-18)(redaction) | |
| 58 | 06/02/2020 | Rec'd non-substantive correction to transcript (10-4-18)(redaction) | |
| 59 | 06/02/2020 | TRANSCRIPT REDACTIONS C.O.S. | |
| 60 | 06/03/2020 | 7TH ELEC. SUPP. RECORD ON APPEAL DATED JUNE 2, 2020 (ENTRY NOS. 599-601) | |
| 61 | 06/03/2020 | 8TH ELEC. SUPP. RECORD ON APPEAL DATED JUNE 3, 2020 (ENTRY NOS. 602-604) | |
| 62 | 07/07/2020 | MOT. EXT/TIME APPELLANT BRIEF | |
| 63 | 07/08/2020 | ACTION BY CLERK - Granted : 08/11/2020 | |
| 64 | 08/05/2020 | MOT. EXT/TIME APPELLANT BRIEF | |
| 65 | 08/11/2020 | ELECTRONIC TRANSCRIPT DATED JANUARY 17, 2019 | |
| 66 | 08/11/2020 | ELECTRONIC TRANSCRIPT DATED JANUARY 17, 2019 REDACTION KEY | |
| 67 | 08/11/2020 | TRANSCRIPT C.O.S. | |
| 68 | 08/12/2020 | MOT. EXT/TIME TRANSCRIPT | |
| 69 | 08/12/2020 | ACTION BY CHIEF JUSTICE (MOT. EXT/TIME APPELLANT BRIEF) - Granted : 09/10/2020 | |
| 70 | 08/12/2020 | ACTION BY CHIEF JUSTICE (MOT. EXT/TIME TRANSCRIPT) - Granted : 08/11/2020 | |
| 71 | 08/12/2020 | Rec'd Cert of service for MOT. EXT/TIME TRANSCRIPT | |
| 72 | 08/12/2020 | Rec'd non-substantive corrections to transcript dated January 17, 2019 | |
| 73 | 09/10/2020 | APPELLANT BRIEF | View |
| 74 | 09/10/2020 | Oral Argument Request by Appellant | |
| 75 | 09/10/2020 | APPELLANT APPENDIX | |
| 76 | 09/11/2020 | Rec'd non-substantive corrections to ATB | |
| 77 | 09/14/2020 | Rec'd 5 copies of ATB and 4 copies of ATA back from CD | |
| 78 | 10/07/2020 | MOT. EXT/TIME APPELLEE BRIEF | |
| 79 | 10/08/2020 | ACTION BY CLERK - Granted : 11/09/2020 | |
| 80 | 11/09/2020 | APPELLEE BRIEF | View |
| 81 | 11/13/2020 | Rec'd 5 copies of AEB from CSD | |
| 82 | 11/16/2020 | NOTICE OF ORAL ARGUMENT SENT | |
| 83 | 12/07/2020 | APPEARANCES: Jessica J. Ahrendt; Quentin B. Wenzel | |
| 84 | 12/07/2020 | ARGUED: Jessica J. Ahrendt; Quentin B. Wenzel | |
| 85 | 12/07/2020 | ORAL ARGUMENT WEBCAST | |
| 86 | 03/24/2021 | DISPOSITION | |
| 87 | 03/24/2021 | UNANIMOUS OPINION : Jensen, Jon J. | View |
| 88 | 03/24/2021 | CONCUR : VandeWalle, Gerald W. | |
| 89 | 03/25/2021 | Judgment | |
| 90 | 04/16/2021 | MANDATE |