State v. Borland
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
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 |