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State v. Gates

Docket No. 20200154
Oral Argument: Waived

Docket Info

Title
State of North Dakota, Plaintiff and Appellee
v.
Joan Leslie Gates, Defendant and Appellant
Case Type
CRIMINAL APPEAL : OTHER (Crim.)
Appeal From
Case No. 2012-CR-00108
Northeast Judicial District, Renville County
Anthony Swain Benson

Parties' Statement of Issues

  • Appellee 1

    If the Appellant has a legal basis for relief


Summary

Joan Gates appeals after her motion for summary judgment was denied.

In 2013, a jury found Gates guilty of misapplication of entrusted property while she was personal representative of the Estate of Lela Gates. Gates was ordered to pay $93,257.74 in restitution to the successor personal representative of the Estate. On appeal, this Court amended the restitution order and ordered Gates to pay $39,150.23 in total restitution. State v. Gates, 2015 ND 177, ¶ 16, 865 N.W.2d 816.

In October 2019, Gates sent a letter to the district court, claiming the district court was in possession of money owed to her. She claimed she paid $70,000 toward her restitution and the court owed her $30,849.77 because this Court reduced her restitution to $39,150.23. In response, the clerk of court indicated Gates’s restitution had a zero balance and no money was owed to her. In January 2020, Gates moved for summary judgment, arguing the court owed her $30,849.77. The court denied her motion, concluding it was inappropriate because her criminal case had been completely adjudicated.

On appeal, Gates argues the district court erred in denying her motion for summary judgment.


Briefs

Filing Date Description
07/31/2020 AMENDED APPELLANT BRIEF (filed subject to the approval of the Court) View
08/31/2020 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLEE STATE'S ATTORNEY Seymour Robert Jordan - 07785
APPELLANT PRO SE Joan Gates

(Note: Attachments may not be available for recently filed cases and/or confidential documents.)

Seq. # Filing Date Description Attachment
1 05/21/2020 NOTICE OF APPEAL : 05/21/2020
2 06/01/2020 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
3 06/01/2020 Notice Served on Joan L. Gates and Seymour R. Jordan
4 06/19/2020 ELEC. RECORD ON APPEAL DATED JUNE 18, 2020 (ENTRY NOS 1--295)
5 06/19/2020 AMENDED ELEC. RECORD ON APPEAL DATED JUNE 18, 2020 (ENTRY NOS 1--295)(NOT REC'D 106, 185, 191)
6 07/01/2020 Non-compliant Appellant's brief received
7 07/08/2020 Non-compliant ATB rec'd. Given until 7/17/20 to provide proper service.
8 07/06/2020 MOTION TO EXTEND TIME TO FILE NOTICE OF APPEAL (INSUFFICIENT, AMENDED FILED)
9 07/14/2020 NO ACTION TAKEN (AMENDED MOTION FILED)
10 07/13/2020 MOTION FOR EXT. OF TIME TO FILE NOTICE OF APPEAL
11 07/13/2020 ACTION BY CHIEF JUSTICE - Granted
12 07/14/2020 Order Extending Time to File Notice of Appeal
13 07/14/2020 APPELLANT BRIEF (filed subject to the approval of the Court)(Amended
14 07/14/2020 APPELLANT APPENDIX (filed subject to the approval of the Court)
15 07/17/2020 Rec'd 5 copies of ATB & 4 copies of ATA from CSD
16 07/17/2020 MOTION TO AMEND APPELLANT'S BRIEF
17 07/31/2020 ACTION BY CHIEF JUSTICE - Granted
18 07/31/2020 AMENDED APPELLANT BRIEF (filed subject to the approval of the Court) View
19 08/31/2020 APPELLEE BRIEF View
20 08/31/2020 APPELLEE APPENDIX
21 09/02/2020 Rec'd 5 copies of AEB and 4 copies of AEA back from CSD
22 09/16/2020 ORAL ARGUMENT WAIVED - NO REQUESTS FOR ORAL ARGUMENT
23 10/29/2020 APPEARANCES: Wavied under N.D.R.App.P. 34(a)(1)(c)
24 10/29/2020 ARGUED: Wavied under N.D.R.App.P. 34(a)(1)(c)