State v. Stewart
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| 20010283 |
State of North Dakota, Plaintiff and Appellee
v.
John Lee Stewart, Defendant and Appellant
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| Appeal from: |
District Court,
Northeast Judicial District,
Bottineau County
Judge Lester Ketterling |
|
Nature of Action: |
Dui/Dus
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| Counsel: |
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| Term: |
05/2002 Argument: 05/01/2002 01:30pm
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| ND cite: |
2002 ND 102
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| NW cite: |
646 N.W.2d 712
Listen to recording of oral argument
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| Issues: |
Appellant's Statement of the Issues:
I. Did the introduction of defendant's prior criminal convictions constitute an abuse of discretion that prejudiced substantial rights of the defendant?
II. Was there sufficient evidence that defendant was under influence of alcohol when he was driving?
Appellee's Statement of the Issues:
I. Was the introduction of the defendant's prior
criminal convictions under Rule 609 of the North
Dakota Rules of Evidence proper?
II. Was there sufficient evidence that defendant
was under the influence of alcohol when he was
driving?
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| 1 | | 11/16/2001 | |
NOTICE OF APPEAL: 11/14/2001 |
| 2 | | 11/16/2001 | |
ORDER FOR TRANSCRIPT: 11/14/2001 |
| 3 | | 11/16/2001 | |
(This case is consolidated w/20010284. Make all docket entries except disposition in this case) |
| 4 | | 12/11/2001 | |
RECORD ON APPEAL, Exhibits, Depositions(2), & Trans. dated 1-19-01 |
| 5 | | 12/11/2001 | |
RECORD ON APPEAL in 20010284 (Entered as STA code in 20010284) |
| 6 | | 01/02/2002 | |
TRANSCRIPTS DATED October 31, 2000, December 1, 2000, December 19, 2000, January 16, 2001, |
| 7 | | 01/02/2002 | |
January 19, 2001, April 11, 2001, April 24, 2001, May 18, 2001, July 13, 2001, October 5, 2001, |
| 8 | | 01/02/2002 | |
October 29, 2001, October 30, 2001, October 31, 2001, November 8, 2001 |
| 9 | | 01/02/2002 | |
DISK - TRA's (14 TRA's see entry above) |
| 10 | | 01/31/2002 | |
MOT. EXT/TIME APPELLANT BRIEF |
| 11 | | 01/31/2002 | |
ACTION BY CLERK (MAT). Granted: 03/08/2002 |
| 12 | | 03/08/2002 | |
APPELLANT BRIEF |
| 13 | | 03/08/2002 | |
APPELLANT APPENDIX |
| 14 | | 03/11/2002 | |
DISK - ATB |
| 15 | | 04/05/2002 | |
APPELLEE BRIEF |
| 16 | | 04/05/2002 | |
APPELLEE APPENDIX |
| 17 | | 04/09/2002 | |
DISK - AEB |
| 18 | | 05/01/2002 | |
APPEARANCES: William R. Hartl; A. Swain Benson III |
| 19 | | 05/01/2002 | |
ARGUED: Hartl; Benson (Vol. X; Page 221) |
| 20 | | 05/01/2002 | |
ORAL ARGUMENT WEBCAST |
| 21 | | 07/11/2002 | |
DISPOSITION: AFFIRMED |
| 22 | | 07/11/2002 | |
UNANIMOUS OPINION: Kapsner, Carol Ronning |
| 23 | | 07/15/2002 | |
Order/Judgment Mailed to Parties |
| 24 | | 08/02/2002 | |
MANDATE |
| 25 | | 08/13/2002 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 26 | | 10/08/2007 | |
EXPUNGED - Nonpermanent record items destroyed |