State v. Olson

20020091 State of North Dakota, Plaintiff and Appellee
v.
Thomas J. Olson, Defendant and Appellant

Appeal from: District Court, South Central Judicial District, Morton County
Judge Robert O. Wefald
Nature of Action: Misc. Statutory Off. (Misdemeanor)
Counsel:
Appellant: Vinje Law Firm
Appellee: Brian David Grosinger , Asst. State's Attorney
Amicus curiae: Bormann & Myerchin, LLP
Amicus curiae: Lawyer not licensed in N.D.
Term: 10/2002   Argument: 10/03/2002  9:30am
ND cite: 2003 ND 23
NW cite: 656 N.W.2d 650

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
It was reversible error when Olson was denied 1) his statutory and constitutional right to present an affirmative defense through medical doctors that he lacked the capacity to comprehend the harmful nature or consequences of his conduct, or that he unwittingly or unknowingly violated the law, or that his conduct was innocent or mistaken, or in the alternative, 2) his constitutional right to present a defense of lack of criminal responsibility due to insanity.

Appellee's Statement of the Issues:
1. Whether the matter should be dismissed as moot.
2. Whether the Defendant is entitled to a mental disease or defect defense on a strict liability offense, contrary to statute.

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Docket entries:
104/11/2002 NOTICE OF APPEAL: 04/10/2002
204/11/2002 ORDER FOR TRANSCRIPT: 04/10/2002
304/11/2002 This case is consolidated with 20020092; make all entries in this case
404/11/2002 MOTION FOR STAY OF EXECUTION OF JUDGMENT AND RELEASE PENDING APPEAL & BRIEF
504/16/2002 NOTICE OF FILING OF THE NOTICE OF APPEAL (for each case)
604/17/2002 ACTION BY SUPREME COURT (Application for Stay of Execution of Judgments). Denied
704/17/2002 Amended Notice of Filing Notice of Appeal
805/06/2002 DISK - TRA dated 4-09-02 (e-mailed)
905/07/2002 TRANSCRIPT DATED 4-09-02
1005/13/2002 RECORD ON APPEAL & Exhibits
1105/13/2002 RECORD ON APPEAL & EXHIBITS IN 20020092
1206/03/2002 MOT. EXT/TIME APPELLANT BRIEF
1306/03/2002 ACTION BY CLERK. Granted: 07/07/2002
1406/10/2002 MOTION FOR LEAVE TO FILE AMICUS CURIAE BRIEF (National Association of Criminal Defense Lawyers)
1506/10/2002 ACTION BY CHIEF JUSTICE (Mot. to file Amicus Curiae Brief). Granted
1606/10/2002 Entry of Appearance/Appl. to Appear pro hac vice; Aff. of Grant J. Shostak; Notice of Appearance)
1706/10/2002 ACTION BY CLERK (Mr. Shostak's appearance is authorized). Granted
1807/08/2002 APPELLANT BRIEF,
1907/08/2002 attached addendum to appellant brief
2007/08/2002 APPELLANT APPENDIX
2107/08/2002 DISK - ATB
2207/08/2002 AMICUS CURIAE BRIEF (National Association of Criminal Defense Lawyers)
2307/15/2002 Corrected TOA & page 6 for Amicus Curiae Brief
2407/17/2002 DISK - ACB (e-mailed)
2508/09/2002 APPELLEE BRIEF
2608/09/2002 DISK - AEB
2708/09/2002 MOTION TO DISMISS PURSUANT TO RULE 42(C), with Attachments 1 & 2. RspDue: 08/22/2002
2808/13/2002 Appellant's Response to Motion to Dismiss & Request for Oral Argument
2908/27/2002 MOT. EXT/TIME REPLY BRIEF
3008/27/2002 ACTION BY CLERK. Granted: 08/27/2002
3108/27/2002 REPLY BRIEF of Appellant
3208/27/2002 attached addendum to reply brief
3308/27/2002 DISK - RYB
3409/25/2002 Request for Radio/TV Coverage (AP) (e-mail dated 9-25-02 from Dale Wetzel) (APPROVED)
3510/03/2002 APPEARANCES: Chad R. McCabe; Paul H. Myerchin; Brian D. Grosinger
3610/03/2002 ARGUED: McCabe; Grosinger (Vol. Y; Page 37)
3710/03/2002 ORAL ARGUMENT WEBCAST
3802/19/2003 DISPOSITION: AFFIRMED
3902/19/2003 UNANIMOUS OPINION: Neumann, William A.
4002/21/2003 Order/Judgment Mailed to Parties
4103/13/2003 MANDATE
4203/17/2003 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
4307/15/2008 EXPUNGED - Nonpermanent record items destroyed

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