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|
|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.
|Add Docket 20010309 RSS|
|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|
|24||08/13/2002 APPELLANT BRIEF|
|25||08/13/2002 APPELLANT APPENDIX|
|26||08/14/2002 DISK - ATB|
|27||09/10/2002 APPELLEE BRIEF|
|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|
|32||03/05/2003 DISPOSITION: AFFIRMED|
|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|