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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.


Briefs

Filing Date Description
12/02/2021 APPELLANT BRIEF View
01/02/2022 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLANT COURT APPOINTED Benjamin C Pulkrabek - 02908
APPELLEE STATE'S ATTORNEY Tonya Duffy - 07553

(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