State v. Weaver

20010083 State of North Dakota, Plaintiff and Appellee
v.
Michael Paul Weaver, Defendant and Appellant

Appeal from: District Court, East Central Judicial District, Cass County
Judge Norman J. Backes
Nature of Action: Misc. Statutory Offense (Felony)
Counsel:
Appellant: Johnson, Ramstad & Mottinger, PLLP
Appellee: Wade Lykken Webb , Asst. State's Attorney
Term: 10/2001   Argument: 10/18/2001  9:00am
ND cite: 2002 ND 4
NW cite: 638 N.W.2d 30

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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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Docket entries:
103/26/2001 NOTICE OF APPEAL: 03/22/2001
204/10/2001 ORDER FOR TRANSCRIPT: 04/05/2001
304/10/2001 RETENTION OF RECORD ON APPEAL (Steven W. Randall): 05/25/2001
404/19/2001 MOT. EXT/TIME APPELLANT BRIEF & Affidavit of Douglas W. Nesheim
504/19/2001 ACTION BY CLERK (8-13-01 is approx. date; ATB is due 40 days after TRA is filed). Granted: 07/18/2001
605/23/2001 Transcript dated 10-5-00 (copies only; original will be filed with ROA)
705/23/2001 Transcripts dated 8-25-00; 9-14-00; & 11-15-00 (3 volumes)
805/24/2001 DISK - TRA (10-5-00) (E-Mailed)
905/24/2001 DISK - TRA (8-25-00, 9-14-00, & 11-15-00)
1005/25/2001 MOT. EXT/TIME TRANSCRIPT by Steven Randall
1105/25/2001 ACTION BY TRIAL COURT. Granted: 07/04/2001
1205/25/2001 TRANSCRIPTS DATED OCTOBER 25, 2000, DECEMBER 6, 2000 & MARCH 12, 2001 (E-mailed)
1306/08/2001 TRANSCRIPT DATED January 9, 2001 & January 10, 2001
1406/08/2001 DISK - Transcripts dated January 9 & 10, 2001
1507/05/2001 RECORD ON APPEAL, Exhibits & original Trans. dated 10-5-00. Not rec'd: 10,15,19,25,32,& 58
1607/05/2001 (Tapes); 54 (Steno Notes); & 5, 21, 27 (Scheduling Orders -- SA copy)
1707/17/2001 APPELLANT BRIEF
1807/17/2001 APPELLANT APPENDIX
1907/18/2001 DISK - ATB
2008/16/2001 APPELLEE BRIEF
2108/20/2001 DISK - AEB
2210/18/2001 APPEARANCES: Douglas W. Nesheim; Wade L. Webb
2310/18/2001 ARGUED: Nesheim; Webb (Vol. X; Page 166)
2401/15/2002 DISPOSITION: AFFIRMED
2501/15/2002 SPLIT OPINION: Neumann, William A.
2601/15/2002 concurring specially: Sandstrom, Dale V.: CONCUR
2701/17/2002 Order/Judgment Mailed to Parties
2802/06/2002 MANDATE
2902/12/2002 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
3008/14/2007 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 08/21/2014