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State v. Walsh

Docket No. 20220327
Oral Argument: Monday, March 13, 2023 1:30 PM

Docket Info

Title
State of North Dakota, Plaintiff and Appellee
v.
Matthew Howard Walsh, Defendant and Appellant
Case Type
CRIMINAL APPEAL : THEFT
Appeal From
Case No. 2021-CR-00002
Northeast Central Judicial District, Nelson County
Lolita G. Hartl Romanick
Oral Argument 3/13/2023

Parties' Statement of Issues

  • Appellant

    Did the District Judge err when she failed to advise Defendant/Appellant Matthew Walsh about the Court’s authority to order restitution?

  • Appellee 1

    The District Court did follow the required procedure in Rule 11(b)(1) of the North Dakota Rules of Criminal Procedure during Matthew Howard Walsh’s criminal hearings.

Summary

Matthew Walsh appeals from a district court’s criminal judgment ordering him to pay restitution. On January 7, 2021, Walsh was charged with theft of property. Walsh pleaded guilty to the charge and was sentenced with an order for restitution being reserved until a separate hearing could be held. Before the restitution hearing, the State and Walsh filed an agreement. Based on the agreement, the court amended the criminal judgment reflecting the amount Walsh owed in restitution.

Walsh argues the district court did not follow the required procedure under N.D.R.Crim.P. 11(b)(1) and advise him of its authority to order restitution.

Briefs

Filing Date Description
12/22/2022 APPELLANT BRIEF View
01/30/2023 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLANT COURT APPOINTED Benjamin C Pulkrabek - 02908
APPELLEE STATE'S ATTORNEY Jayme Jo Tenneson - 06494

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

Seq. # Filing Date Description Attachment
1 11/07/2022 NOTICE OF APPEAL : 11/07/2022 View
2 11/07/2022 ORDER FOR TRANSCRIPT : 11/08/2022 View
3 11/08/2022 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV. View
4 11/08/2022 Notice served on Elizabeth B. Brainard & Jayme J. Tenneson
5 11/18/2022 Benjamin C. Pulkrabek appointed to represent Appellant View
6 11/29/2022 All Transcripts Filed in Record
7 12/06/2022 ELEC. RECORD ON APPEAL DATED DECEMBER 5, 2022 (ENTRY NOS. 1-118) View
8 12/22/2022 APPELLANT BRIEF View
9 12/22/2022 Oral Argument Request by Appellant
10 12/27/2022 Rec'd corrections to ATB (oa request on title pg, stmt of facts on toc)
11 12/28/2022 Rec'd 3 copies of ATB from CSD
12 01/18/2023 MOTION TO FILE LATE ORDERED TRANSCRIPTS View
13 01/18/2023 MOT. EXT/TIME APPELLEE BRIEF (included in Motion for Late Ordered Transcripts)
14 01/18/2023 ORDER FOR TRANSCRIPT View
15 01/20/2023 Rec'd c.o.s. for the Mot for Late Tra & Ext of Time
16 01/20/2023 Rec'd correction to OTR (service email address)
17 01/20/2023 ACTION BY CLERK (MAE - AEB due 1 week after transcripts filed) - Granted : 01/30/2023
18 01/20/2023 ACTION BY CLERK (Mot for Late Ordered Transcripts - transcripts due by 2/3/23) - Granted : 02/03/2023
19 01/23/2023 1ST ELEC. SUPP. RECORD ON APPEAL DATED JANUARY 23, 2023 (ENTRY NOS. 119-120) View
20 01/23/2023 All Transcripts Filed in Record
21 01/23/2023 2ND ELEC. SUPP. RECORD ON APPEAL DATED JANUARY 23, 2023 (ENTRY NOS. 121-124) View
22 01/30/2023 APPELLEE BRIEF View
23 01/30/2023 Oral Argument Request by Appellee
24 01/31/2023 Rec'd 3 copies of AEB from CSD
25 02/23/2023 NOTICE OF ORAL ARGUMENT SENT
26 03/13/2023 APPEARANCES: Benjamin C. Pulkrabek; Jayme J. Tenneson
27 03/13/2023 ARGUED: Benjamin C. Pulkrabek; Jayme J. Tenneson
28 03/13/2023 ORAL ARGUMENT WEBCAST