State v. Benter
Docket No. 20210199
Oral Argument:
Tuesday, February 8, 2022 10:45 AM
Docket Info
- Title
- State of North Dakota, Plaintiff and Appellee
v.
Dean Allen Benter, Defendant and Appellant - Case Type
- CRIMINAL APPEAL : SEXUAL OFFENSE
- Appeal From
-
Case No. 2020-CR-00360
Southeast Judicial District, Barnes County
Jay A. Schmitz
2022 ND 101974 N.W.2d 403
Oral Argument
2/8/2022
Highlight
To represent oneself, a criminal defendant must voluntarily, knowingly, and intelligently waive the right to counsel.
A defendant’s conduct may be the functional equivalent of a voluntary waiver of the right to counsel.
A district court has a continuing responsibility during trial to decide whether a self-represented defendant is competent to present his or her own defense. To ensure the defendant is afforded a fair trial, a district court can appoint counsel for the defendant during trial if the court determines the defendant is no longer competent to present his or her own defense.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
| Seq. # | Filing Date | Description | Attachment |
|---|---|---|---|
| 1 | 07/14/2021 | NOTICE OF APPEAL : 07/14/2021 | |
| 2 | 07/19/2021 | NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV. | |
| 3 | 07/19/2021 | Notice served on Dean A. Benter & Tonya Duffy | |
| 4 | 07/20/2021 | STAY PENDING SENTENCING AND JUDGMENT | |
| 5 | 08/16/2021 | ELEC. RECORD ON APPEAL DATED AUGUST 13, 2021 (ENTRY NOS. 1-129) | |
| 6 | 08/16/2021 | James Cerney appointed as counsel for Appellant | |
| 7 | 08/18/2021 | AMENDED ELEC. RECORD ON APPEAL DATED AUGUST 17, 2021 (ENTRY NOS. 1-24, 26-130) | |
| 8 | 08/26/2021 | Rec'd by U.S. Mail docket entry 97 (disc) | |
| 9 | 09/07/2021 | Judgment entered in district court | |
| 10 | 09/08/2021 | 1ST ELEC. SUPP. RECORD ON APPEAL DATED SEPTEMBER 8, 2021 (ENTRY NOS. 1-24, 26-136) | |
| 11 | 09/09/2021 | MOT. EXT/TIME APPELLANT BRIEF (Sua Sponte due to Stay Pending Sentencing and Judgment) | |
| 12 | 09/09/2021 | ACTION BY CLERK (Sua Sponte due to Stay Pending Sentencing and Judgment) - Granted : 10/11/2021 | |
| 13 | 09/10/2021 | Second Notice of Appeal | |
| 14 | 09/10/2021 | ORDER FOR TRANSCRIPT : 09/10/2021 | |
| 15 | 09/10/2021 | NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV. | |
| 16 | 09/10/2021 | Notice served on James C. Cerney & Tonya Duffy | |
| 17 | 09/16/2021 | Ben C. Pulkrabek assigned as counsel for the Appellant | |
| 18 | 09/16/2021 | MOT. EXT/TIME APPELLANT BRIEF | |
| 19 | 09/16/2021 | ACTION BY CLERK (40 days after filing of transcripts) - Granted | |
| 20 | 10/06/2021 | 2ND ELEC. SUPP. RECORD ON APPEAL DATED OCTOBER 5, 2021 (ENTRY NOS. 137-142) | |
| 21 | 11/08/2021 | ELECTRONIC TRANSCRIPT DATED JULY 7, 2021 (VOIR DIRE) | |
| 22 | 11/08/2021 | ELECTRONIC TRANSCRIPT DATED JULY 7, 2021 | |
| 23 | 11/08/2021 | ELECTRONIC TRANSCRIPT DATED JULY 8, 2021 | |
| 24 | 11/08/2021 | ELECTRONIC TRANSCRIPT DATED SEPTEMBER 7, 2021 | |
| 25 | 11/08/2021 | Certificate of Service for transcripts | |
| 26 | 11/18/2021 | MOTION TO FILE LATE ORDERED TRANCRIPTS AND FOR EXT. TO FILE APPELLANT'S BRIEF | |
| 27 | 11/18/2021 | ORDER FOR TRANSCRIPT | |
| 28 | 11/19/2021 | ACTION BY CHIEF JUSTICE (ATB due 30 days from filing of tra) - Granted : 12/22/2021 | |
| 29 | 11/22/2021 | ELECTRONIC TRANSCRIPT DATED NOVEMBER 12, 2020 | |
| 30 | 11/22/2021 | ELECTRONIC TRANSCRIPT DATED JANUARY 19, 2021 | |
| 31 | 11/22/2021 | ELECTRONIC TRANSCRIPT DATED FEBRUARY 9, 2021 | |
| 32 | 11/22/2021 | ELECTRONIC TRANSCRIPT DATED MAY 10, 2021 | |
| 33 | 11/22/2021 | Certificate of Service for transcripts | |
| 34 | 11/26/2021 | MOT. EXT/TIME APPELLANT BRIEF (SUA SPONTE DUE TO ADD'L TRA) | |
| 35 | 11/26/2021 | ACTION BY CLERK (SUA SPONTE DUE TO ADD'L TRA) - Granted : 12/22/2021 | |
| 36 | 12/02/2021 | APPELLANT BRIEF | View |
| 37 | 12/02/2021 | Oral Argument Request by Appellant | |
| 38 | 12/02/2021 | APPELLANT APPENDIX | |
| 39 | 12/07/2021 | Rec'd 3 copies of ATB & 2 copies of ATA from CSD | |
| 40 | 01/02/2022 | APPELLEE BRIEF | View |
| 41 | 01/04/2022 | Rec'd non-substantive correction to AEB | |
| 42 | 01/06/2022 | Rec'd 3 copies of AEB from CSD | |
| 43 | 01/18/2022 | NOTICE OF ORAL ARGUMENT SENT | |
| 44 | 02/02/2022 | AMENDED NOTICE OF ORAL ARGUMENT SENT (ZOOM) | |
| 45 | 02/08/2022 | APPEARANCES: Benjamin C. Pulkrabek / Appellee waived under N.D.R.App.P. 34(a)(1)(c) | |
| 46 | 02/08/2022 | ARGUED: Benjamin C. Pulkrabek / Appellee waived under N.D.R.App.P. 34(a)(1)(c) | |
| 47 | 02/08/2022 | ORAL ARGUMENT WEBCAST | |
| 48 | 05/12/2022 | DISPOSITION | |
| 49 | 05/12/2022 | UNANIMOUS OPINION : VandeWalle, Gerald W. | View |
| 50 | 05/12/2022 | Judgment | View |
| 51 | 06/03/2022 | MANDATE | |
| 52 | 06/08/2022 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE | |
| 53 | 07/05/2022 | PETITION FOR REHEARING | View |
| 54 | 07/13/2022 | Mot. Ext/Time Petition for Rehearing (sua sponte by the Court) | |
| 55 | 07/13/2022 | ACTION BY SUPREME COURT (sua sponte by the Court) - Granted : 07/05/2022 | |
| 56 | 07/13/2022 | Mandate Recalled to Consider Petition for Rehearing | |
| 57 | 07/18/2022 | ACTION BY SUPREME COURT (Petition for Rehearing) - Denied |