State v. Klose
State of North Dakota, Plaintiff and Appellee
Timothy Gene Klose, Defendant and Appellant
Southeast Judicial District,
Judge Mikal Simonson
|Nature of Action:||Homicide|
|Term:||10/2002  Argument: 10/16/2002 1:30pm|
|ND cite:||2003 ND 39|
657 N.W.2d 276
Listen to recording of oral argument in MP3 format
Appellant's Statement of the Issues:|
I. Whether there was sufficient evidence to prove that Klose lacked criminal responsibility, and whether the trial court erred in denying Klose's motion for judgment of acquittal.
II. Whether the trial court abused its discretion by admitting state's exhibits into evidence.
III. Whether the trial court's communication with the jury in the absence of Klose was harmful error.
IV. Whether the trial court abused its discretion by denying Klose's motion for a new trial based on juror misconduct, and whether the jury's compromise verdict violated Klose's due process rights.
Appellee's Statement of the Issues:
I. Whether the motion for new trial was properly denied.
II. Whether the Trial Court properly admitted the exhibits.
III. Whether the Jury was instructed properly.
A. Whether the Trial Court's response to the Jury's question was an instruction.
B. Whether the Defense's assent to response by note waived all but obvious error.
C. Whether the supplemental response was accurate and did not mislead.
D. Whether the instructions as a whole correctly informed the Jury.
E. Whether there was obvious error.
IV. Whether the verdicts were unanimous.
V. Whether conviction was based on sufficient evidence.
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|1||12/18/2001||NOTICE OF APPEAL: 12/17/2001|
|2||12/18/2001||ORDER FOR TRANSCRIPT: 12/17/2001|
|3||12/19/2001||Copy of Acknowledgement of Order for Transcript from Court Reporter|
|4||12/20/2001||RETENTION OF RECORD ON APPEAL (Gary N. McCullough): 03/15/2002|
|5||01/30/2002||MOT. EXT/TIME TRANSCRIPT|
|6||01/30/2002||ACTION BY TRIAL COURT. Granted: 03/05/2002|
|7||03/04/2002||MOT. EXT/TIME TRANSCRIPT (Gary N. McCullough)|
|8||03/04/2002||ACTION BY CLERK (MTR). Granted: 03/15/2002|
|9||03/13/2002||TRANSCRIPT COMMENCING OCTOBER 22, 2001|
|10||03/14/2002||DISK - TRA of 10-22-01|
|11||03/20/2002||RECORD ON APPEAL & Exhibits, w/exception of SA Exh. #48--Door, which clerk indicates is stored at|
|12||03/20/2002||Law Enforcement Center.|
|13||04/19/2002||MOT. EXT/TIME APPELLANT BRIEF & AFFIDAVIT IN SUPPORT|
|14||04/19/2002||ACTION BY CHIEF JUSTICE (DUE 25 DAYS AFTER THE LAST TRANSCRIPTS ORDERED BY AT ARE FILED). Granted|
|15||04/19/2002||TRANSCRIPT OF March 26, 2001 (ordered by Appellee)|
|16||04/29/2002||PROOF OF SERVICE (TRA) (inserted into orig. TRA dated 3-26-01)|
|17||07/03/2002||TRANSCRIPTS DATED 5-11-01; 6-11-01; 9-28-01; 10-11-01 (ordered by Appellee)|
|18||07/03/2002||TRANSCRIPTS DATED 10-25-01 (Verdict); 10-30-01; 12-05-01 (ordered by Appellant)|
|19||07/03/2002||(above transcripts were filed subject to AT's filing of Aff./Mot. per PM's 6-26-02 ltr.)|
|20||07/05/2002||DISK - TRA dated 10-25-01 (TR3); 10-11-01 (TR4); 9-28-01 (TR5); 10-30-01 (TR6); 6-11-01 (TR7);|
|21||07/05/2002||12-05-01 (TR8); 5-11-01 (TR9)|
|22||07/12/2002||MOT. EXT/TIME APPELLANT BRIEF & APPENDIX, AFF. OF LAWRENCE P. KROPP|
|23||07/12/2002||ACTION BY CHIEF JUSTICE (ATB/ATA). Granted: 08/14/2002|
|26||08/14/2002||DISK - ATB|
|28||09/11/2002||DISK - AEB|
|29||10/16/2002||APPEARANCES: Eric P. Baumann; Frederick R. Fremgen|
|30||10/16/2002||ARGUED: Baumann; Fremgen (Vol. Y; Page 40)|
|31||10/18/2002||Letter from Eric Baumann with citations|
|33||03/05/2003||UNANIMOUS OPINION: Sandstrom, Dale V.|
|34||03/07/2003||Order/Judgment Mailed to Parties|
|35||03/19/2003||PETITION FOR REHEARING|
|36||03/21/2003||Table of contents and table of authorities for petition for rehearing|
|37||03/21/2003||DISK - PER|
|38||03/26/2003||ACTION BY SUPREME COURT (PER). Denied|
|40||04/07/2003||RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|
|41||04/04/2008||EXPUNGED - Nonpermanent record items destroyed|