City of Grand Forks v. Ramstad
City of Grand Forks, Plaintiff and Appellee
Darin Lee Ramstad, Defendant and Appellant
Northeast Central Judicial District,
Grand Forks County
Judge Joel D. Medd
|Nature of Action:||Dui/Dus|
|Term:||10/2002  Argument: 10/31/2002|
|ND cite:||2003 ND 41|
658 N.W.2d 731
Listen to recording of oral argument in MP3 format
Appellant's Statement of the Issues:|
1. Whether the Appellee ("City") failed to provide requested discovery materials in violation of the Defendant-Appellant's ("Ramstad") due process rights of the Fifth and Fourteenth Amendments of the United States Constitution and Article I, 12 of the North Dakota Constitution.
2. Whether the trial court abused its discretion by failing to grant Ramstad any relief pursuant to N.D.R.Crim.P. 16(d)(2), where Ramstad moved to suppress and subsequently moved for a continuance in response to the City's failure to disclose certain documents, the nondisclosure of which affected Ramstad's substantial rights.
Appellee's Statement of the Issues:
A. Whether the Appellee (the City) failed to provide requested discovery materials in violation of the Appellant's (Ramstad) due process rights under the Fifth and Fourteenth Amendments to the United States Constitution and Article I, 12 of the North Dakota Constitution.
B. Whether the trial court abused its discretion by failing to grant Ramstad any relief pursuant to N.D.R.Crim.P. 16(d)(2), where Ramstad moved to suppress and subsequently moved for a continuance in response to the City's failure to disclose certain documents, the nondisclosure of which affected Ramstad's substantial rights.
Appellee's Statement of the Issues:
I. The trial court did not commit prejudicial and reversible error when it did not allow an additional jury instruction that Mr. Clark did honestly believe that he had a valid claim to the property.
II. The trial court did not err when it instructed the jury on the elements of Theft of Property Delivered by Mistake.
III. There is sufficient evidence of Mr. Clark's knowledge and intent in the record to support a conviction for the crime of Theft of Property.
IV. The trial court's imposition of a sentence of eight (8) years in prison based on Mr. Clark being a habitual offender was not erroneous or excessive.
V. The trial court did not commit a Brady violation when it admitted marked copes of sales invoices generated by Acme.
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|1||05/20/2002 NOTICE OF APPEAL: 05/15/2002|
|2||05/20/2002 ORDER FOR TRANSCRIPT: 05/15/2002|
|3||05/23/2002 Transcript dated May 14, 2002 (S, Michelle Bredemeier)|
|4||05/24/2002 DISK of TRA dated 5-14-02|
|5||05/24/2002 RETENTION OF RECORD ON APPEAL (Diane Manthei): 07/04/2002|
|6||05/28/2002 Certificate of Service of Copies of Transcript (Michelle Bredemeier)|
|7||07/03/2002 TRANSCRIPT DATED May 15, 2002|
|8||07/05/2002 DISK - TRA (5-15-02)|
|9||07/05/2002 RECORD ON APPEAL (not rec'd: #36 -- Report of Addiction Evaluation)|
|10||07/08/2002 SUPPLEMENTAL CLERK'S CERT. DATED 7-05-02 (Entry Nos. 36 & 39)|
|11||08/12/2002 APPELLANT BRIEF|
|12||08/12/2002 APPELLANT APPENDIX|
|13||08/15/2002 DISK - ATB|
|14||09/12/2002 MOT. EXT/TIME APPELLEE BRIEF (Faxed letter)|
|15||09/12/2002 ACTION BY CLERK. Granted: 09/14/2002|
|16||09/13/2002 APPELLEE BRIEF|
|17||09/16/2002 DISK - AEB|
|18||09/20/2002 REPLY BRIEF|
|19||09/23/2002 DISK - RYB|
|20||09/26/2002 Ltr. dtd. 9-25-02 from Steven M. Light regarding cites to incorrect page in Reply Brief|
|21||10/31/2002 APPEARANCES: Steven M. Light (Andrea Hall & Jesse Lange, 2d year law students); Gary E. Euren|
|22||10/31/2002 ARGUED: Light; Euren (Vol. Y; Page 50)|
|23||10/31/2002 ORAL ARGUMENT WEBCAST|
|24||03/26/2003 DISPOSITION: AFFIRMED|
|25||03/26/2003 SPLIT OPINION: VandeWalle, Gerald W.|
|26||03/26/2003 (CONCUR Specially): Maring, Mary Muehlen: CONCUR|
|27||03/26/2003 (Join CONCUR Specially): Sandstrom, Dale V.: JN/CON|
|28||03/26/2003 Costs on appeal taxed in favor of appellee|
|29||03/27/2003 Judgment Mailed to Parties|
|31||07/28/2008 EXPUNGED - Nonpermanent record items destroyed|
|32||04/23/2003 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|
|33||07/28/2008 EXPUNGED - Nonpermanent record items destroyed|