State v. Rivet - Calendar

10:45am Monday, June 16, 2008
20080008 State of North Dakota, Plaintiff and Appellee
v.
Thomas Edward Rivet, Defendant and Appellant
Appeal from: East Central Judicial District, Cass County, Judge Steven L. Marquart
Nature of Action: Homicide
Counsel:

Appellant: Mark Taylor Blumer
Appellee: Reid Alan Brady , Asst. State's Attorney

Issues: Appellant's Statement of the Issues:
I.Whether the Prosecutor Engaged in Prosecutorial Misconduct Resulting in a Denial of a Fair Trial?
II.Whether there was Sufficient Evidence to Support Defendant's Convictions?
Appellee's Statement of the Issues:
I. Whether the prosecutor properly impeached Defendant Rivet by contrasting Rivet's direct examination testimony with Rivet's post-Miranda statements given previously to Sergeant Nelson.
II. Whether the prosecutor was within the bounds of fair and reasonable criticism of the evidence and fair and reasonable argument when he contended Kelly Miller's direct examination testimony was more credible than her cross-examination testimony.
III. Whether there was sufficient evidence from which a reasonable jury could have concluded beyond a reasonable doubt that the Defendants were guilty.
Briefs:
Case Summary
Appellant 1 Brief
Appellant 2 Brief
Appellee Brief
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