State v. Schwab
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| 20020306 |
State of North Dakota, Plaintiff and Appellee
v.
Anna Marie Schwab, Defendant and Appellant
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| Appeal from: |
District Court,
South Central Judicial District,
Oliver County
Judge Burt L. Riskedahl |
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Nature of Action: |
Dui/Dus
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| Counsel: |
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| Term: |
04/2003 Argument: 04/29/2003 01:30pm
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| ND cite: |
2003 ND 119
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| NW cite: |
665 N.W.2d 52
Listen to recording of oral argument
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| Issues: |
Appellant's Statement of the Issues:
1. Did the trial court err when it allowed an amendment to the Complaint, without notice of the request to amend, or the amendment, to the Appellant and then denying the Appellant a continuance of the trial on the Amended Complaint?
2. The trial court, in not following the Jury Selection Plan in the jury selection process, discriminated against men, rural jurors and working folk, and predetermined challenges for cause, all without notice to the Appellant nor seeking Appellant's
input. Was this so egregious as to taint the appearance of justice and require the conviction to be reversed?
Appellee's Statement of the Issues:
1. The trial court did not err in allowing the amendment of the complaint, and the substantial rights of appellant were not prejudiced.
2. The trial court did not discriminate and the rights of the appellant were not compromised in the jury selection process.
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| 1 | | 10/29/2002 | |
NOTICE OF APPEAL: 10/22/2002 |
| 2 | | 10/29/2002 | |
ORDER FOR TRANSCRIPT: 10/22/2002 |
| 3 | | 10/29/2002 | |
Acknowledgment of OTR and request for Retention of Record: 12/11/2002 |
| 4 | | 12/11/2002 | |
TRANSCRIPT DATED October 10, 2002 |
| 5 | | 12/11/2002 | |
DISK - TRA |
| 6 | | 12/19/2002 | |
RECORD ON APPEAL (4 Vols.), Exhibits, Jury Instructions |
| 7 | | 01/15/2003 | |
MOT. EXT/TIME APPELLANT BRIEF |
| 8 | | 01/15/2003 | |
ACTION BY CLERK. Granted: 02/19/2003 |
| 9 | | 02/18/2003 | |
MOT. EXT/TIME APPELLANT BRIEF |
| 10 | | 02/18/2003 | |
ACTION BY CHIEF JUSTICE. Granted: 02/26/2003 |
| 11 | | 02/26/2003 | |
APPELLANT BRIEF |
| 12 | | 02/26/2003 | |
APPELLANT APPENDIX |
| 13 | | 02/27/2003 | |
DISK - ATB |
| 14 | | 03/28/2003 | |
APPELLEE BRIEF |
| 15 | | 03/28/2003 | |
DISK - AEB |
| 16 | | 04/04/2003 | |
Page 5 of AEB (inserted) |
| 17 | | 04/29/2003 | |
APPEARANCES: Ronald A. Reichert; John J. Mahoney |
| 18 | | 04/29/2003 | |
ARGUED: Reichert; Mahoney (Vol. Y; Page 110) |
| 19 | | 07/16/2003 | |
DISPOSITION: AFFIRMED |
| 20 | | 07/16/2003 | |
UNANIMOUS OPINION: VandeWalle, Gerald W. |
| 21 | | 07/17/2003 | |
Order/Judgment Mailed to Parties |
| 22 | | 08/07/2003 | |
MANDATE |
| 23 | | 08/11/2003 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 24 | | 09/03/2008 | |
EXPUNGED - Nonpermanent record items destroyed |