State v. Jackson

20010298 State of North Dakota, Plaintiff and Appellee
v.
Michael Darnell Jackson, Defendant and Appellant

Appeal from: District Court, East Central Judicial District, Cass County
Judge Norman J. Backes
Nature of Action: Sexual Offense
Counsel:
Appellee: Lisa K Fair McEvers , Asst. State's Attorney
Appellant: Richard Edward Edinger
Term: 06/2002   Argument: 06/27/2002  Waived
ND cite: 2002 ND 105
NW cite: 646 N.W.2d 676


Issues: Appellant's Statement of the Issues:
I. Whether the record affirmatively shows that defendant was denied effective assistance of counsel where his attorney did not make a motion for judgment of acquittal during the jury trial?

Appellee's Statement of the Issues:
I. Whether the Defendant was denied effective assistance of counsel when his attorney failed to move for a judgment of acquittal, after the State had presented a prima facie case establishing the essential elements of the offenses charged to the jury.

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Docket entries:
112/06/2001 NOTICE OF APPEAL: 12/03/2001
212/06/2001 ORDER FOR TRANSCRIPT: 12/03/2001
312/06/2001 This case is consolidated w/20010299. Make all docket entries, except DIS/MAN, in this case
412/13/2001 MOTION TO DISMISS APPEAL. RspDue: 12/23/2001
512/27/2001 Opposition to Motion to Dismiss w/attachment
601/17/2002 MOT. EXT/TIME TRANSCRIPT (Mjones)
701/17/2002 ACTION BY TRIAL COURT (Backes). Granted: 03/03/2002
801/23/2002 ACTION BY SUPREME COURT (MOT/dismiss). Denied
902/06/2002 TRANSCRIPTS DATED 11-13-01 & 11-14-01 (marked Vols. I & II)
1002/07/2002 DISK - Transcripts dated 11-13-01 & 11-14-01
1102/14/2002 RECORD ON APPEAL, w/exception of Clerk's Cert. Nos. 6 (State's Misdemeanor Scheduling Order);
1202/14/2002 12 (Tape); 14 (State's Misdemeanor Scheduling Order); 15 (Tape); 18 (State's Misdemeanor
1302/14/2002 Scheduling Order); 22 (Tape); 78 (Steno Notes); and 90 (Tape), which were not sent
1403/20/2002 MOT. EXT/TIME APPELLANT BRIEF & Affidavit in Support & Aff. of Service
1503/20/2002 ACTION BY CLERK (MAT). Granted: 03/25/2002
1604/09/2002 S.Ct. Not. of Dismissal/Failure to Proceed. RspDue: 04/19/2002
1704/19/2002 NO ACTION TAKEN (MSN)
1804/19/2002 MOT. EXT/TIME APPELLANT BRIEF & Affidavit in Support
1904/19/2002 ACTION BY CLERK. Granted: 04/19/2002
2004/22/2002 APPELLANT BRIEF
2104/22/2002 APPELLANT APPENDIX
2204/24/2002 DISK - ATB
2305/21/2002 APPELLEE BRIEF
2405/22/2002 DISK - AEB
2506/20/2002 STIPULATION FOR WAIVER OF ORAL ARGUMENT
2606/21/2002 ACTION BY SUPREME COURT (OA waived -- AT/AE). Granted
2706/27/2002 APPEARANCES: submitted on brief (Vol. Y; Page 12)
2806/27/2002 ARGUED: submitted on brief
2907/11/2002 DISPOSITION: AFFIRMED
3007/11/2002 UNANIMOUS OPINION: Sandstrom, Dale V.
3107/15/2002 Order/Judgment Mailed to Parties
3208/02/2002 MANDATE
3308/06/2002 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
3410/10/2007 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 07/28/2014