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: |
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Term: | 10/2001  Argument: 10/18/2001 | ||||||
ND cite: | 2002 ND 4 | ||||||
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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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 |