State v. Schwab

20020306 State of North Dakota, Plaintiff and Appellee
v.
Anna Marie Schwab, Defendant and Appellant

Appeal from: District Court, South Central Judicial District, Oliver County
Judge Burt L. Riskedahl
Nature of Action: Dui/Dus
Counsel:
Appellant: #Reichert, Herauf & Buresh, P.C.
Appellee: John Jeremy Mahoney , State's Attorney
Term: 04/2003   Argument: 04/29/2003  1:30pm
ND cite: 2003 ND 119
NW cite: 665 N.W.2d 52

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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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Docket entries:
110/29/2002 NOTICE OF APPEAL: 10/22/2002
210/29/2002 ORDER FOR TRANSCRIPT: 10/22/2002
310/29/2002 Acknowledgment of OTR and request for Retention of Record: 12/11/2002
412/11/2002 TRANSCRIPT DATED October 10, 2002
512/11/2002 DISK - TRA
612/19/2002 RECORD ON APPEAL (4 Vols.), Exhibits, Jury Instructions
701/15/2003 MOT. EXT/TIME APPELLANT BRIEF
801/15/2003 ACTION BY CLERK. Granted: 02/19/2003
902/18/2003 MOT. EXT/TIME APPELLANT BRIEF
1002/18/2003 ACTION BY CHIEF JUSTICE. Granted: 02/26/2003
1102/26/2003 APPELLANT BRIEF
1202/26/2003 APPELLANT APPENDIX
1302/27/2003 DISK - ATB
1403/28/2003 APPELLEE BRIEF
1503/28/2003 DISK - AEB
1604/04/2003 Page 5 of AEB (inserted)
1704/29/2003 APPEARANCES: Ronald A. Reichert; John J. Mahoney
1804/29/2003 ARGUED: Reichert; Mahoney (Vol. Y; Page 110)
1907/16/2003 DISPOSITION: AFFIRMED
2007/16/2003 UNANIMOUS OPINION: VandeWalle, Gerald W.
2107/17/2003 Order/Judgment Mailed to Parties
2208/07/2003 MANDATE
2308/11/2003 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
2409/03/2008 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 07/25/2014