State v. Klose

20010309 State of North Dakota, Plaintiff and Appellee
v.
Timothy Gene Klose, Defendant and Appellant

Appeal from: District Court, Southeast Judicial District, Stutsman County
Judge Mikal Simonson
Nature of Action: Homicide
Counsel:
Appellant: Kropp Law Offices
Appellee: Frederick Russell Fremgen , State's Attorney
Term: 10/2002   Argument: 10/16/2002  1:30pm
ND cite: 2003 ND 39
NW cite: 657 N.W.2d 276

Listen to recording of oral argument in MP3 format

Issues: 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 Add Docket 20010309 RSS

Docket entries:
112/18/2001 NOTICE OF APPEAL: 12/17/2001
212/18/2001 ORDER FOR TRANSCRIPT: 12/17/2001
312/19/2001 Copy of Acknowledgement of Order for Transcript from Court Reporter
412/20/2001 RETENTION OF RECORD ON APPEAL (Gary N. McCullough): 03/15/2002
501/30/2002 MOT. EXT/TIME TRANSCRIPT
601/30/2002 ACTION BY TRIAL COURT. Granted: 03/05/2002
703/04/2002 MOT. EXT/TIME TRANSCRIPT (Gary N. McCullough)
803/04/2002 ACTION BY CLERK (MTR). Granted: 03/15/2002
903/13/2002 TRANSCRIPT COMMENCING OCTOBER 22, 2001
1003/14/2002 DISK - TRA of 10-22-01
1103/20/2002 RECORD ON APPEAL & Exhibits, w/exception of SA Exh. #48--Door, which clerk indicates is stored at
1203/20/2002 Law Enforcement Center.
1304/19/2002 MOT. EXT/TIME APPELLANT BRIEF & AFFIDAVIT IN SUPPORT
1404/19/2002 ACTION BY CHIEF JUSTICE (DUE 25 DAYS AFTER THE LAST TRANSCRIPTS ORDERED BY AT ARE FILED). Granted
1504/19/2002 TRANSCRIPT OF March 26, 2001 (ordered by Appellee)
1604/29/2002 PROOF OF SERVICE (TRA) (inserted into orig. TRA dated 3-26-01)
1707/03/2002 TRANSCRIPTS DATED 5-11-01; 6-11-01; 9-28-01; 10-11-01 (ordered by Appellee)
1807/03/2002 TRANSCRIPTS DATED 10-25-01 (Verdict); 10-30-01; 12-05-01 (ordered by Appellant)
1907/03/2002 (above transcripts were filed subject to AT's filing of Aff./Mot. per PM's 6-26-02 ltr.)
2007/05/2002 DISK - TRA dated 10-25-01 (TR3); 10-11-01 (TR4); 9-28-01 (TR5); 10-30-01 (TR6); 6-11-01 (TR7);
2107/05/2002 12-05-01 (TR8); 5-11-01 (TR9)
2207/12/2002 MOT. EXT/TIME APPELLANT BRIEF & APPENDIX, AFF. OF LAWRENCE P. KROPP
2307/12/2002 ACTION BY CHIEF JUSTICE (ATB/ATA). Granted: 08/14/2002
2408/13/2002 APPELLANT BRIEF
2508/13/2002 APPELLANT APPENDIX
2608/14/2002 DISK - ATB
2709/10/2002 APPELLEE BRIEF
2809/11/2002 DISK - AEB
2910/16/2002 APPEARANCES: Eric P. Baumann; Frederick R. Fremgen
3010/16/2002 ARGUED: Baumann; Fremgen (Vol. Y; Page 40)
3110/18/2002 Letter from Eric Baumann with citations
3203/05/2003 DISPOSITION: AFFIRMED
3303/05/2003 UNANIMOUS OPINION: Sandstrom, Dale V.
3403/07/2003 Order/Judgment Mailed to Parties
3503/19/2003 PETITION FOR REHEARING
3603/21/2003 Table of contents and table of authorities for petition for rehearing
3703/21/2003 DISK - PER
3803/26/2003 ACTION BY SUPREME COURT (PER). Denied
3904/03/2003 MANDATE
4004/07/2003 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
4104/04/2008 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 09/30/2014