State v. Darby - Calendar

10:45am Monday, March 3, 2008
20070092 State of North Dakota, Plaintiff and Appellee
v.
Vonnie Darin Darby, Defendant and Appellant
Appeal from: East Central Judicial District, Cass County, Judge Steven E. McCullough
Nature of Action: Theft
Counsel:

Appellant: David Neil Ogren
Appellee: Kara Schmitz Olson , Asst. State's Attorney

Issues: Appellant's Statement of the Issues:
I. Did the trial court obviously error in not instructing the jury that Detective Cruff's testimony exceeded his ability to testify when the state asked, "detective based on your investigation is there any doubt in your mind that Mr. Darby committed the crime?" and the detective answered no?
II. Did the trial court error, as a matter of law, in ruling that the jail law library was adequate for Mr. Darby's needs in preparing his defense after he elected to proceed pro se when the pattern jury instructions were not made available to Mr. Darby prior to trial?
III. Did the trial court obviously error in sentencing Mr. Darby when the court subjected Mr. Darby to multiple punishments for the same offense?
Appellee's Statement of the Issues:
I.Whether the trial court afforded Darby a fair trial.
A.Whether allowing Detective Cruff to testify he believed Darby committed the crime was obvious error by the trial court.
B.Whether the trial court appropriately allowed Darby to access the jail library and to request any additional legal sources.
II. Whether the trial court appropriately sentenced Darby for the crimes of burglary and simple assault and did not infringe upon his right against double jeopardy.
Briefs:
Case Summary
Appellant Brief
Appellee Brief
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Generated from Supreme Court Docket on 03/31/2008