State v. DuPaul
v.
Michael O. DuPaul, Defendant and Appellee
Judge Gary A. Holum
| Appellant: | John P. Van Grinsven III , Asst. State's Attorney | |
| Appellee: | Pro se |
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State v. DuPaul | |||||||
| 930063 |
State of North Dakota, Plaintiff and Appellant
v. Michael O. DuPaul, Defendant and Appellee | ||||||
| Appeal from: |
County Court,
Ward County
Judge Gary A. Holum | ||||||
| Nature of Action: | Dui/Dus | ||||||
| Counsel: |
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| Term: | 09/1993 Argument: 09/14/1993 01:30pm | ||||||
| NW cite: |
509 N.W.2d 266
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| 1 | 02/22/1993 | NOTICE OF APPEAL: 02/22/1993 | ||
| 2 | 02/22/1993 | (This case is consolidated w/930064. Make all docket entries, except disposition, in this case.) | ||
| 3 | 05/28/1993 | REFILED RECORD ON APPEAL AFTER REMAND | ||
| 4 | 03/31/1993 | TRANSCRIPT DATED November 22, 1991 | ||
| 5 | 04/23/1993 | APPELLANT BRIEF | ||
| 6 | 04/23/1993 | APPELLANT APPENDIX | ||
| 7 | 04/26/1993 | DuPaul requested court appointed counsel; he was referred to the county court to make an | ||
| 8 | 04/26/1993 | appropriate motion as Judge Dill previously instructed him to do. | ||
| 9 | 04/29/1993 | Letter request from DuPaul for extension of time to file Appellee's Brief | ||
| 10 | 04/29/1993 | ACTION BY CHIEF JUSTICE (two weeks after trial court's appointment of counsel). Granted: 05/19/1993 | ||
| 11 | 04/29/1993 | Motion for Remand (included with extension) | ||
| 12 | 04/29/1993 | ORDER OF REMAND (Records remanded for review in preparation of the Appellee's Brief) | ||
| 13 | 04/29/1993 | ACTION BY CLERK | ||
| 14 | 05/13/1993 | Copy of Letter from Judge Dill: DuPaul to provide information before he could appoint counsel | ||
| 15 | 05/17/1993 | Copy of Order Denying Request for Appointed Counsel because | ||
| 16 | 05/17/1993 | DuPaul did not comply with request for additional info. | ||
| 17 | 05/18/1993 | MOTION FOR Court Appointed Counsel | ||
| 18 | 05/18/1993 | MOT. EXT/TIME APPELLEE BRIEF | ||
| 19 | 05/21/1993 | REQUEST FOR ORDER FOR REMAND (AT) | ||
| 20 | 05/25/1993 | APPELLEE BRIEF | ||
| 21 | 05/26/1993 | NO ACTION TAKEN (Mot/Ext AEB) | ||
| 22 | 05/26/1993 | ACTION BY SUPREME COURT (motion for counsel). Denied | ||
| 23 | 05/26/1993 | ACTION BY SUPREME COURT (motion for remand). DENIED | ||
| 24 | 05/28/1993 | REFILED RECORD ON APPEAL AFTER REMAND | ||
| 25 | 05/28/1993 | SUPPLEMENTAL CLERK'S CERT. DATED 4-29-93 (Entry Nos. 48-68) | ||
| 26 | 05/28/1993 | SUPPLEMENTAL CLERK'S CERT. DATED 5-27-93 (Entry Nos. 69-79) | ||
| 27 | 06/03/1993 | Letter dated May 27, 1993 responding to PM's letter requesting additional copies of AEB. | ||
| 28 | 06/07/1993 | Letter dated June 7, 1993, from John VanGrinsven explaining that the State has not responded to any | ||
| 29 | 06/07/1993 | Motions becasue it has not been served. | ||
| 30 | 06/18/1993 | MOTION FOR COURT-APPOINTED COUNSEL | ||
| 31 | 06/18/1993 | ACTION BY SUPREME COURT. DENIED | ||
| 32 | 06/25/1993 | Letter dated 6-23-93 from Mr. DuPaul requesting counsel (no action taken in light of above) | ||
| 33 | 07/06/1993 | Copy of Judge Dill's Order appointing J.Nostdahl AE's Counsel | ||
| 34 | 08/04/1993 | MOTION FOR Appointment of Counsel; letter dated August 2 from Mr. DuPaul | ||
| 35 | 08/10/1993 | ACTION BY CHIEF JUSTICE. DENIED | ||
| 36 | 08/10/1993 | MOTION FOR ct.apptd. attorney; letter dated August 8, 1993 from Mr. DuPaul | ||
| 37 | 08/12/1993 | Letter dated 8/11/93 from Mr. DuPaul renewing request for an attorney | ||
| 38 | 08/12/1993 | Letter dated 8/11/93 from Mr. Nostdahl informing the | ||
| 39 | 08/12/1993 | Court that he has been permitted to withdraw as counsel | ||
| 40 | 08/12/1993 | ACTION BY CHIEF JUSTICE (appt. of counsel). DENIED | ||
| 41 | 08/12/1993 | Mr. DuPaul is to be advised that September oral arguments will go forward | ||
| 42 | 08/12/1993 | THIRD SUPPLEMENTAL CLERK'S CERTIFICATE | ||
| 43 | 08/13/1993 | Letter dated 8-12-93 from DuPaul regarding appt of counsel and motion for withdrawal by Nostdahl | ||
| 44 | 08/23/1993 | FOURTH SUPPLEMENTAL CLERK'S CERT. DATED 8-19-93 (Entry Nos. 90-98. NOTE: #97 is an Order | ||
| 45 | 08/23/1993 | reappointing Pringle & Herigstad Firm as counsel) | ||
| 46 | 08/23/1993 | ANNOUNCED DISQUALIFICATION: Meschke, Herbert L. | ||
| 47 | 08/30/1993 | SITTING WITH THE COURT: McGuire, Michael O. | ||
| 48 | 09/09/1993 | MOTION FOR Court-Appointed Counsel with attached trial court order dated 9/7/93 allowing Jim | ||
| 49 | 09/09/1993 | Nostdahl and the firm Pringle & Herigstad to withdraw as counsel for Michael O. DuPaul, Appellee. | ||
| 50 | 09/09/1993 | ACTION BY SUPREME COURT (S.Ct. will supervise this matter to the extent that Jim Nostdahl is | ||
| 51 | 09/09/1993 | directed to file a written brief by 10/1/93 in response to the legal issues raised by the Appellant | ||
| 52 | 09/09/1993 | The State will be permitted to file a Reply Brief within 10 days.) | ||
| 53 | 09/09/1993 | MOTION TO CONTINUE ORAL ARGUMENT (included w/Motion for Court-Appointed Counsel) | ||
| 54 | 09/09/1993 | ACTION BY SUPREME COURT(O/A held as scheduled). DENIED | ||
| 55 | 09/10/1993 | 5th Supplemental Clerk's Certificate (Nos. 99-105) | ||
| 56 | 09/14/1993 | Letter dated September 11, 1993, objecting to September 9 Order & forwarding a summons & complaint | ||
| 57 | 09/14/1993 | which names the Supreme Court as a defendant (from Mr. DuPaul) | ||
| 58 | 09/14/1993 | Letter dated 9/13/93 from Jim Nostdahl indicating his intent to not go forward with | ||
| 59 | 09/14/1993 | representation of DuPaul (withdrawal of counsel) | ||
| 60 | 09/14/1993 | Letter dated September 13, 1993, from Mr. DuPaul to Mr. Nostdahl regarding court-appointment | ||
| 61 | 09/14/1993 | APPEARANCES: John Van Grinsven, Assistant State's Attorney; Michael O. DuPaul, pro se | ||
| 62 | 09/14/1993 | ARGUED: Van Grinsven; DuPaul, pro se (Vol. T, pg. 143) | ||
| 63 | 09/22/1993 | ACTION BY SUPREME COURT(9/9/93 Order vacated). GRANTED | ||
| 64 | 09/28/1993 | Letter dated September 23, 1993, from Mr.DuPaul-at Court's direction, no action taken, no response | ||
| 65 | 10/11/1993 | Letter dated 10-7-93 from Mr. DuPaul | ||
| 66 | 11/08/1993 | Letter dated November 6, 1993, from Mr. DuPaul re: court appointed attorney | ||
| 67 | 12/09/1993 | DISPOSITION: REVERSED AND REMANDED | ||
| 68 | 12/09/1993 | UNANIMOUS OPINION: Levine, Beryl J. | ||
| 69 | 12/29/1993 | PETITION FOR REHEARING (Entitled, "Motion for Request for Appeal, Automatic Stay, Court Appointed | ||
| 70 | 12/29/1993 | Counsel, Rehearing, Writ of certiorari - 8th Circuit Court of the United States of America") | ||
| 71 | 12/29/1993 | ACTION BY CHIEF JUSTICE (Pet/Rehearing denied. DENIED | ||
| 72 | 12/29/1993 | as the time for filing Petition expired on 12/24/93) | ||
| 73 | 12/29/1993 | MOTION FOR Writ of Certiorari (included above) | ||
| 74 | 12/29/1993 | ACTION BY CHIEF JUSTICE (Writ/Cert denied as beyond the jurisdiction of this Court.). DENIED | ||
| 75 | 12/29/1993 | MOTION FOR Stay of Mandate | ||
| 76 | 12/29/1993 | ACTION BY CHIEF JUSTICE (Stay/Mandate denied as Rule 41(b), NDRAppP, only provides for a stay of. DENIED | ||
| 77 | 12/29/1993 | the mandate in appeals or Petitions for Writ of Certiorari to the U.S. Supreme Court and | ||
| 78 | 12/29/1993 | not the 8th Circuit Court of Appeals) | ||
| 79 | 01/03/1994 | MANDATE | ||
| 80 | 04/03/2001 | EXPUNGED - Nonpermanent record items destroyed |