State v. Ellis
State of North Dakota, Plaintiff and Appellee
Blaine Douglas Ellis, Defendant and Appellant
East Central Judicial District,
Judge Frank L. Racek
|Nature of Action:||Misc. Statutory Offense (Felony)|
|Term:||02/2001  Argument: 02/06/2001 10:45am|
|ND cite:||2001 ND 84|
625 N.W.2d 544
Listen to recording of oral argument in MP3 format
Appellant's Statement of the Issues:|
I. Whether the trial court abused its discretion when it denied the change of venue motion.
II. Whether the trial court abused its discretion when it refused to include the lesser included offense of aggravated assault in the jury instruction.
III. Whether the trial court erred when it considered a conviction which was under appeal as a factor in the sentencing of the current matter.
IV. Whether the trial court erred when it did not issue a curative instruction regarding a bat found by law enforcement.
Appellee's Statement of the Issues:
I. Whether the trial court abused its discretion when it denied the change of venue motion?
II. Whether the trial court abused its discretion when it refused to include the lesser included offense of aggravated assault in the jury instruction?
III. Whether the trial court erred when it considered a conviction which was under appeal as a factor in the sentencing of the current matter?
IV. Whether the trial court erred when it did not issue a curative instruction regarding a bat found by law enforcement?
|Add Docket 20000092 RSS|
|1||03/29/2000||NOTICE OF APPEAL: 03/27/2000|
|2||03/29/2000||ORDER FOR TRANSCRIPT: 03/27/2000|
|3||04/03/2000||Acknowledgment of order for transcript and request for advance payment|
|4||04/12/2000||Letter dated 4-11-00 from Ct. Reporter re suspending preparation of TRA due to nonpayment|
|5||04/28/2000||RECORD ON APPEAL & separates(Not rec'd-8, 9, 28, 32, 50, 56, 125, 208, 240, 247/steno notes/tapes);|
|6||04/28/2000||(not rec'd-12, 23, 42, 47/state's attorney copy of felony scheduling orders)|
|7||04/28/2000||(not rec'd-119 through 124/subpoenas/missing)(not rec'd-213, 219, 220, 222, 239/exhibits)|
|8||05/08/2000||Cy of Ltr from Joan Utter, Recorder to Brian Nelson re Transcripts|
|9||05/15/2000||MOT. EXT/TIME TRANSCRIPT|
|10||05/15/2000||NO ACTION TAKEN (Motion needs to be made to trial court for first 40 day extension-per WAN)|
|11||05/17/2000||Request for Return of Record by Court Reporter|
|12||05/17/2000||ACTION BY CLERK (record returned for use by court reporter). Granted|
|13||05/17/2000||RETURN OF ROA TO DIST. CT.|
|14||06/25/2000||MOT. EXT/TIME TRANSCRIPT|
|15||06/25/2000||ACTION BY TRIAL COURT. Granted: 06/25/2000|
|16||06/25/2000||MOT. EXT/TIME TRANSCRIPT (requesting an addtl. 30 days)|
|17||06/25/2000||ACTION BY CLERK (CMB) (MTR). Granted: 07/25/2000|
|18||07/25/2000||MOT. EXT/TIME TRANSCRIPT|
|19||07/25/2000||ACTION BY CHIEF JUSTICE (MTR). Granted: 09/08/2000|
|20||08/31/2000||TRANSCRIPTS DATED JANUARY 13, 2000 (MOTIONS), JANUARY 31, 2000 (MOTION), COMMENCING FEBRUARY 1,|
|21||08/31/2000||2000 (TRIAL, 8 VOLUMES), MARCH 17, 2000 (SENTENCING)|
|22||09/01/2000||DISK - TRA's dtd 1-13-00, 1-31-00, 02-02-00, 03-17-00 (10 Disks)|
|23||09/07/2000||RECORD ON APPEAL - refiled (3 volumes; & separates transcript dated 2/2/00 & photos)(not rec'd - 8,|
|24||09/07/2000||9, 12, 23, 28, 32, 42, 47, 50, 56, 119-124, 125, 208, 213, 219, 220, 222, 239, 240 & 247)|
|25||10/05/2000||MOT. EXT/TIME APPELLANT BRIEF|
|26||10/05/2000||ACTION BY CLERK (MAT). Granted: 11/09/2000|
|27||11/08/2000||MOT. EXT/TIME APPELLANT BRIEF|
|28||11/08/2000||ACTION BY CHIEF JUSTICE. Granted: 12/09/2000|
|31||12/11/2000||DISK - ATB|
|34||01/09/2001||DISK - AEB|
|35||01/15/2001||DISK - AEB (including preferatory pages)|
|36||01/29/2001||MOTION to Disqualify Prosecutor and Reverse Conviction|
|37||01/31/2001||ACTION BY SUPREME COURT (MOT/disqualify prosecutor & reverse conviction). Denied|
|38||01/31/2001||Order Mailed to Parties|
|39||02/02/2001||Request for Radio/TV Coverage (WDAY-TV and KVRR-TV, Fargo) (APPROVED)|
|40||02/05/2001||(NOTE: The Forum will also be present -- email from Jack McDonald dated 2-05-01)|
|41||02/06/2001||APPEARANCES: Mark T. Blumer, Kevin M. Miller; Wade L. Webb, Lori S. Mickelson|
|42||02/06/2001||ARGUED: Blumer; Webb (Vol. X; page 107)|
|43||02/06/2001||ORAL ARGUMENT WEBCAST|
|45||05/01/2001||UNANIMOUS OPINION: Kapsner, Carol Ronning|
|46||05/02/2001||Order/Judgment Mailed to Parties|
|48||06/04/2001||RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|
|49||05/16/2007||EXPUNGED - Nonpermanent record items destroyed|