Holkesvig v. Welte
2012 ND 236
| N.D. | 2012Background
- Dominguez allegedly threatened Nelson with a .22 rifle and shot at him four times as Nelson ran away.
- Dominguez was charged with attempted murder and terrorizing in Walsh County, North Dakota.
- A jury convicted Dominguez of both counts on February 2, 2012; judgments entered May 17, 2012.
- Dominguez moved March 20, 2012 to set aside the verdict and for a new trial, asserting improper instructions/verdict.
- The trial court denied the motion on April 25, 2012; Dominguez appealed the denial but did not appeal the judgments.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the motion for a new trial was timely under Rule 33 | Dominguez | Dominguez | Untimely; court lacked jurisdiction |
| Whether the appeal is properly before the court given untimely motion and no appeal of judgments | State | Dominguez | Lacked jurisdiction; appeal dismissed |
Key Cases Cited
- State v. Simek, 502 N.W.2d 545 (N.D. 1993) (Rule 33 time limits are jurisdictional; court cannot extend time unless rule allows)
- In re M.W., 2010 ND 135, 785 N.W.2d 211 (ND 2010) (Order entered without proper jurisdiction is void and vacated)
- Wilson v. Koppy, 2002 ND 179, 653 N.W.2d 68 (ND 2002) (Courts cannot act without proper jurisdiction)