State v. Weisz
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| 20020115 |
State of North Dakota, Plaintiff and Appellee
v.
John Clark Weisz, Defendant and Appellant
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| Appeal from: |
District Court,
South Central Judicial District,
McIntosh County
Judge Robert O. Wefald |
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Nature of Action: |
Assault
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| Counsel: |
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| Term: |
11/2002 Argument: 11/12/2002 10:45am
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| ND cite: |
2002 ND 207
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| NW cite: |
654 N.W.2d 416
Listen to recording of oral argument
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| Issues: |
Appellant's Statement of the Issues:
1. Was reversible error committed when a jury member was allowed to receive a telephone call, while on supper break, during deliberations, when there was no notification to the Court that such communication had taken place.
2. Was the Defendant's right against double jeopardy violated when the state continued its prosecution for the aggravate assault, after the Defendant has already plea guilty and been convicted of simple assault in a separated county, when the offense
charged was from one continuous act involving both jurisdictions.
Appellee's Statement of the Issues:
1. The District Court did not commit reversible error when a jury member was allowed to receive a telephone call, while on a supper break, during deliberations, when there was no notification to the Court that such communication had taken place.
2. The affidavit by juror Allen Nitschke is an impermissible attempt by a juror to impeach his verdict under North Dakota Rules of Evidence 606(b).
3. The issue of double jeopardy is a moot since Weisz was acquitted of the aggravated assault charges.
4. Weisz was not put in jeopardy for the same offense.
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| 1 | | 05/13/2002 | |
NOTICE OF APPEAL: 05/10/2002 |
| 2 | | 05/13/2002 | |
ORDER FOR TRANSCRIPT: 05/10/2002 |
| 3 | | 06/06/2002 | |
RECORD ON APPEAL & Exhibits |
| 4 | | 07/22/2002 | |
MOT. EXT/TIME TRANSCRIPT & Affidavit in Support |
| 5 | | 07/22/2002 | |
ACTION BY CHIEF JUSTICE. Granted: 08/21/2002 |
| 6 | | 07/30/2002 | |
Request for Return of Record from Cynthia Kurtz (oral request) |
| 7 | | 07/30/2002 | |
ACTION BY CLERK (Return of record to Mr. Kurtz). Granted |
| 8 | | 07/30/2002 | |
RETURN OF ROA & separates to Court Recorder.: 08/21/2002 |
| 9 | | 08/13/2002 | |
Refiled Record on Appeal & Exhibits |
| 10 | | 08/20/2002 | |
TRANSCRIPTS DATED March 5 (2 vols),2002, March 6, 2002, March 7, 2002, & May 1, 2002 |
| 11 | | 08/20/2002 | |
DISK of TRAs dated 3-5-02, 3-6-02, 3-7-02, & 5-1-02 |
| 12 | | 09/28/2002 | |
APPELLANT BRIEF |
| 13 | | 09/28/2002 | |
APPELLANT APPENDIX |
| 14 | | 09/30/2002 | |
DISK - atb |
| 15 | | 10/01/2002 | |
Supplemental Clerk's Certificate dated 9-30-02 (Entry Nos. 103-105) |
| 16 | | 10/03/2002 | |
APPELLEE BRIEF |
| 17 | | 10/03/2002 | |
DISK - aeb (e-mailed) |
| 18 | | 10/03/2002 | |
Supplemental Clerk's Certificate dated 10-2-02 (entry nos. 107-108) |
| 19 | | 11/12/2002 | |
APPEARANCES: David N. Ogren; Terry W. Elhard |
| 20 | | 11/12/2002 | |
ARGUED: Ogren; Elhard (Vol. Y; Page 53) |
| 21 | | 11/12/2002 | |
ORAL ARGUMENT WEBCAST |
| 22 | | 12/20/2002 | |
DISPOSITION: AFFIRMED |
| 23 | | 12/20/2002 | |
UNANIMOUS OPINION: VandeWalle, Gerald W. |
| 24 | | 12/23/2002 | |
Order/Judgment Mailed to Parties |
| 25 | | 01/13/2003 | |
MANDATE |
| 26 | | 01/15/2003 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 27 | | 07/28/2008 | |
EXPUNGED - Nonpermanent record items destroyed |