State v. Barth
State of North Dakota, Plaintiff and Appellee
Dale William Barth, Defendant and Appellant
South Central Judicial District,
Judge Donald L. Jorgensen
|Nature of Action:||Dui/Dus|
|Term:||11/2001  Argument: 11/29/2001|
|ND cite:||2001 ND 201|
637 N.W.2d 369
Listen to recording of oral argument in MP3 format
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?
|Add Docket 20010109 RSS|
|1||04/30/2001 NOTICE OF APPEAL: 04/26/2001|
|2||04/30/2001 ORDER FOR TRANSCRIPT: 04/26/2001|
|3||04/30/2001 (This case is consolidated w/20010110. Make all docket entries, except disposition, in this case.)|
|4||04/30/2001 RETENTION OF RECORD ON APPEAL: 06/15/2001|
|5||05/30/2001 RECORD ON APPEAL|
|6||05/30/2001 Record on Appeal & Exhibits in #20010110|
|7||06/12/2001 TRANSCRIPT DATED 10-17-00 and 4-24-01|
|8||06/18/2001 MOT. EXT/TIME APPELLANT BRIEF|
|9||06/18/2001 ACTION BY CLERK (granted w/expectation to be scheduled for OA in October). Granted: 08/06/2001|
|10||06/21/2001 DISK - TRA (10-17-00 & 4-24-01)|
|11||07/30/2001 SECOND REQ. EXT/TIME APPELLANT BRIEF & AFF/SUPPORT. Denied|
|12||07/31/2001 ACTION BY ACTING CHIEF JUSTICE (WAN). Granted: 08/31/2001|
|13||08/03/2001 TRANSCRIPT DATED October 13, 2000|
|14||08/03/2001 DISK of TRA dated 10-13-00|
|15||08/24/2001 APPELLANT BRIEF|
|16||08/24/2001 APPELLANT APPENDIX|
|17||08/27/2001 DISK - ATB|
|18||09/21/2001 APPELLEE BRIEF|
|19||09/21/2001 DISK - AEB|
|20||11/29/2001 APPEARANCES: Thomas M. Tuntland; Allen M. Koppy|
|21||11/29/2001 ARGUED: Tuntland; Koppy (Vol. X; Page 181)|
|22||11/29/2001 ORAL ARGUMENT WEBCAST|
|23||12/20/2001 DISPOSITION: AFFIRMED|
|24||12/20/2001 UNANIMOUS OPINION: VandeWalle, Gerald W.|
|25||12/21/2001 Order/Judgment Mailed to Parties|
|27||02/28/2002 Corrected/Substitute Opinion Page 8, para. 17, line 8|
|28||01/15/2002 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|
|29||08/17/2007 EXPUNGED - Nonpermanent record items destroyed|