State v. Shafer-Imhoff

20000350 State of North Dakota, Plaintiff and Appellee
v.
Kathlene Shafer-Imhoff,
a/k/a Karin Kathlene
Shafer-Imhoff, Defendant and Appellant

Appeal from: District Court, South Central Judicial District, Burleigh County
Judge Robert O. Wefald
Nature of Action: Misc. Statutory Offense (Felony)
Counsel:
Appellee: Rick Lee Volk , Asst. State's Attorney
Appellant: Pagel Weikum Law Firm
Appellee: Leann Katherine Bertsch , Asst. State's Attorney
Term: 05/2001   Argument: 05/02/2001  1:30pm
ND cite: 2001 ND 146
NW cite: 632 N.W.2d 825

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
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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Docket entries:
112/18/2000 NOTICE OF APPEAL: 12/13/2000
212/21/2000 ORDER FOR TRANSCRIPT: 12/20/2000
301/15/2001 RETENTION OF RECORD ON APPEAL: 02/08/2001
401/22/2001 TRANSCRIPTS DATED 4-5-00, 8-17-00, 9-20&21-00, & 12/13/00 (4 volumes)
501/22/2001 DISK (3) -- TRA (4-5-00, 8-17-00,9-20&21-00, & 12/13/00)
601/26/2001 RECORD ON APPEAL & Exhibits
703/05/2001 APPELLANT BRIEF
803/05/2001 APPELLANT APPENDIX
903/05/2001 DISK - ATB
1004/04/2001 APPELLEE BRIEF
1104/06/2001 DISK - AEB
1205/02/2001 APPEARANCES: Rodney E. Pagel, Jeffrey S. Weikum; Rick L. Volk, Leann K. Bertsch
1305/02/2001 ARGUED: Pagel; Volk (Vol. X; page 129)
1408/29/2001 DISPOSITION (Affirmed and remanded): AFFIRMED
1508/29/2001 UNANIMOUS OPINION: VandeWalle, Gerald W.
1608/31/2001 Order/Judgment Mailed to Parties
1709/20/2001 MANDATE
1809/24/2001 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
1907/16/2007 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 10/23/2014