State v. Weaver
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| 20010083 |
State of North Dakota, Plaintiff and Appellee
v.
Michael Paul Weaver, Defendant and Appellant
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| Appeal from: |
District Court,
East Central Judicial District,
Cass County
Judge Norman J. Backes |
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Nature of Action: |
Misc. Statutory Offense (Felony)
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| Counsel: |
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| Term: |
10/2001 Argument: 10/18/2001
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| ND cite: |
2002 ND 4
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| NW cite: |
638 N.W.2d 30
Listen to recording of oral argument in MP3 format
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| Issues: |
Appellant's Statement of the Issues:
I. Whether the trial court erred in denying Defendant's motion for judgment of acquittal.
II. Whether the trial court committed obvious error in instructing the jury on the definition of the term "knowingly."
III. Whether the trial court committed obvious error by not instructing the jury on the lesser included offense of recklessly causing bodily fluids to come in contact with a law enforcement officer.
IV. Whether Defendant should be granted a new trial because it is apparent from the record that the assistance of Defendant's counsel at trial was plainly defective.
Appellee's Statement of the Issues:
I. Whether the trial court erred in denying Defendant's motion for judgment of acquittal.
II. Whether the trial court committed obvious error in instructing the jury on the definition of the term "knowingly."
III. Whether the trial court committed obvious error by not instructing the jury on the lesser included offense of recklessly causing bodily fluids to come in contact with a law enforcement officer.
IV. Whether Defendant should be granted a new trial because it is apparent from the record that the assistance of Defendant's counsel at trial was plainly defective.
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 Add Docket 20010083 RSS
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| 1 | | 03/26/2001
NOTICE OF APPEAL: 03/22/2001 |
| 2 | | 04/10/2001
ORDER FOR TRANSCRIPT: 04/05/2001 |
| 3 | | 04/10/2001
RETENTION OF RECORD ON APPEAL (Steven W. Randall): 05/25/2001 |
| 4 | | 04/19/2001
MOT. EXT/TIME APPELLANT BRIEF & Affidavit of Douglas W. Nesheim |
| 5 | | 04/19/2001
ACTION BY CLERK (8-13-01 is approx. date; ATB is due 40 days after TRA is filed). Granted: 07/18/2001 |
| 6 | | 05/23/2001
Transcript dated 10-5-00 (copies only; original will be filed with ROA) |
| 7 | | 05/23/2001
Transcripts dated 8-25-00; 9-14-00; & 11-15-00 (3 volumes) |
| 8 | | 05/24/2001
DISK - TRA (10-5-00) (E-Mailed) |
| 9 | | 05/24/2001
DISK - TRA (8-25-00, 9-14-00, & 11-15-00) |
| 10 | | 05/25/2001
MOT. EXT/TIME TRANSCRIPT by Steven Randall |
| 11 | | 05/25/2001
ACTION BY TRIAL COURT. Granted: 07/04/2001 |
| 12 | | 05/25/2001
TRANSCRIPTS DATED OCTOBER 25, 2000, DECEMBER 6, 2000 & MARCH 12, 2001 (E-mailed) |
| 13 | | 06/08/2001
TRANSCRIPT DATED January 9, 2001 & January 10, 2001 |
| 14 | | 06/08/2001
DISK - Transcripts dated January 9 & 10, 2001 |
| 15 | | 07/05/2001
RECORD ON APPEAL, Exhibits & original Trans. dated 10-5-00. Not rec'd: 10,15,19,25,32,& 58 |
| 16 | | 07/05/2001
(Tapes); 54 (Steno Notes); & 5, 21, 27 (Scheduling Orders -- SA copy) |
| 17 | | 07/17/2001
APPELLANT BRIEF |
| 18 | | 07/17/2001
APPELLANT APPENDIX |
| 19 | | 07/18/2001
DISK - ATB |
| 20 | | 08/16/2001
APPELLEE BRIEF |
| 21 | | 08/20/2001
DISK - AEB |
| 22 | | 10/18/2001
APPEARANCES: Douglas W. Nesheim; Wade L. Webb |
| 23 | | 10/18/2001
ARGUED: Nesheim; Webb (Vol. X; Page 166) |
| 24 | | 01/15/2002
DISPOSITION: AFFIRMED |
| 25 | | 01/15/2002
SPLIT OPINION: Neumann, William A. |
| 26 | | 01/15/2002
concurring specially: Sandstrom, Dale V.: CONCUR |
| 27 | | 01/17/2002
Order/Judgment Mailed to Parties |
| 28 | | 02/06/2002
MANDATE |
| 29 | | 02/12/2002
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 30 | | 08/14/2007
EXPUNGED - Nonpermanent record items destroyed |