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 09:00am
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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
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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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| 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 |