State v. Shafer-Imhoff
v.
Kathlene Shafer-Imhoff,
a/k/a Karin Kathlene
Shafer-Imhoff, Defendant and Appellant
Judge Robert O. Wefald
| Appellee: | Rick Lee Volk , Asst. State's Attorney | |
| Appellant: | Pagel Weikum Law Firm | |
| Appellee: | Leann Katherine Bertsch , Asst. State's Attorney |
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I Whether the trial court abused its discretion when it excluded evidence that the defendant was the victim of assaults and attacks prior to leaving the state with her children?
II Whether the trial court abused its discretion when it required parties to re-argue close before the jury informed that it reached an impasse?
I Whether the trial court abused its discretion when it failed to give the requested jury instruction prior to invoking North Dakota rule of court 6.9 and in the informal instructions or commentary provided to the jury?
IV Whether the trial court abused its discretion in denying defendant's motion to dismiss or in the alternative failing to follow the appropriate sentencing options?
i As a matter of law, the Defendant cannot be punished under 14-14-22.1 because the legislative changes to 14-14 constitute an amendment, rather than a repeal, and consequently there is no applicable savings statute.
ii In the alternative, as a matter of law the Defendant cannot be punished under 14-14-22.1 because the Defendant invoked her right to be sentenced under 14-14.1 as amended, as is her right to elect under 12.1- 01-01(3).
iii In the alternative, as a matter of law Ms. Shafer cannot be imprisoned under 14-14-22.1 because 1-02-17 expressly prohibits the same.
iv In the alternative, dismissal of the criminal prosecution is appropriate as prosecution would be contrary to the legislative intent and the federal laws to which our state laws conform.
Appellee's Statement of the Issues:
I Whether the trial court abused its discretion by excluding evidence of assaults by unknown individuals upon Kathlene Shafer-Imhoff which occurred prior to her leaving the State of North Dakota with her children.
II Whether the trial court abused its discretion by directing the parties to make additional closing argument.
III Whether the trial court coerced the jury into reaching a verdict.
IV Whether the trial court was required to dismiss the charges against Kathleen Shafer-Imhoff.
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