State v. Barth

20010109 State of North Dakota, Plaintiff and Appellee
v.
Dale William Barth, Defendant and Appellant

Appeal from: District Court, South Central Judicial District, Morton County
Judge Donald L. Jorgensen
Nature of Action: Dui/Dus
Counsel:
Appellee: Allen M. Koppy , State's Attorney
Appellant: Thomas M. Tuntland
Term: 11/2001   Argument: 11/29/2001  10:45am
ND cite: 2001 ND 201
NW cite: 637 N.W.2d 369

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Issues: Appellant's Statement of the Issues:
A. In a criminal jury trial was it error to disclose to the trial jurors the identity of the party who peremptorily excused particular veniremen during the jury selection process?
B. Was the evidence sufficient to support a guilty verdict on a charge of resisting arrest?
C. In a criminal prosecution under Section 12.1-08-02 N.D.C.C. for resisting a warrantless arrest where the defense was the arresting officer was not acting lawfully, was it error to instruct the jury that a police officer executing process in good faith and under color of law shall be deemed to be acting lawfully?

Appellee's Statement of the Issues:
I. Whether the announcement to the jury panel that the prosecution had taken no peremptory strikes requires reversal of the defendant's convictions?
II. Whether there was evidence at trial of substantial force to overcome the defendant's resistance to effecting his arrest for driving under suspension?
III. Whether the court's jury instruction mislead the jury and hence amounted to reversible error?

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Docket entries:
104/30/2001 NOTICE OF APPEAL: 04/26/2001
204/30/2001 ORDER FOR TRANSCRIPT: 04/26/2001
304/30/2001 (This case is consolidated w/20010110. Make all docket entries, except disposition, in this case.)
404/30/2001 RETENTION OF RECORD ON APPEAL: 06/15/2001
505/30/2001 RECORD ON APPEAL
605/30/2001 Record on Appeal & Exhibits in #20010110
706/12/2001 TRANSCRIPT DATED 10-17-00 and 4-24-01
806/18/2001 MOT. EXT/TIME APPELLANT BRIEF
906/18/2001 ACTION BY CLERK (granted w/expectation to be scheduled for OA in October). Granted: 08/06/2001
1006/21/2001 DISK - TRA (10-17-00 & 4-24-01)
1107/30/2001 SECOND REQ. EXT/TIME APPELLANT BRIEF & AFF/SUPPORT. Denied
1207/31/2001 ACTION BY ACTING CHIEF JUSTICE (WAN). Granted: 08/31/2001
1308/03/2001 TRANSCRIPT DATED October 13, 2000
1408/03/2001 DISK of TRA dated 10-13-00
1508/24/2001 APPELLANT BRIEF
1608/24/2001 APPELLANT APPENDIX
1708/27/2001 DISK - ATB
1809/21/2001 APPELLEE BRIEF
1909/21/2001 DISK - AEB
2011/29/2001 APPEARANCES: Thomas M. Tuntland; Allen M. Koppy
2111/29/2001 ARGUED: Tuntland; Koppy (Vol. X; Page 181)
2211/29/2001 ORAL ARGUMENT WEBCAST
2312/20/2001 DISPOSITION: AFFIRMED
2412/20/2001 UNANIMOUS OPINION: VandeWalle, Gerald W.
2512/21/2001 Order/Judgment Mailed to Parties
2601/11/2002 MANDATE
2702/28/2002 Corrected/Substitute Opinion Page 8, para. 17, line 8
2801/15/2002 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
2908/17/2007 EXPUNGED - Nonpermanent record items destroyed

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