State v. Stoppleworth

20020345 State of North Dakota, Plaintiff and Appellee
v.
Milton Theodore Stoppleworth, Jr., Defendant and Appellant

Appeal from: District Court, Southeast Judicial District, Stutsman County
Judge James M. Bekken
Nature of Action: Assault
Counsel:
Appellant: Kropp Law Offices
Appellee: Frederick Russell Fremgen , State's Attorney
Term: 06/2003   Argument: 06/23/2003  9:30am
ND cite: 2003 ND 137
NW cite: 667 N.W.2d 586

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Issues: Appellant's Statement of the Issues:
I. Stoppleworth has the right to appeal to the Supreme Court.
II. Standard of review for determining whether there was suffcient evidence to prove that Stoppleworth was criminally responsible for buchanan's injuries and for determining whether the trial court erred in denying Stoppleworth's motion for judgment of acquittal.
III. Whether Allen Buchanan's out of court statements should have been allowed as evidence.
IV. Whether the probative value of the photographs was substantially outweighed by a danger of unfair prejudice.
V. The trial abused its discretion by denying Mr. Stoppleworth's Rule 29 Motion for acquittal.

Appellee's Statement of the Issues:
I. Whether Stoppleworth has the right to appeal
II. Whether admitting Buchanan's out of court statements was proper
A. 801(d)(1)(iii) statement of prior identification
B. 803(2) excited utterance
C. 803(3) existing mental, emotional, or physical condition
D. 803(4) statement for medical treatment
E. 803(6) business record exception
F. 804(b) statement against interest
III. Whether admitting the photographs was proper
IV. Whether convictions are based on sufficient evidence

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Docket entries:
112/17/2002 NOTICE OF APPEAL: 12/11/2002
212/17/2002 ORDER FOR TRANSCRIPT: 12/11/2002
312/17/2002 Copy of Motion for funds to transcribe; Motion for assignment of counsel
412/17/2002 Consolidated w/20020346; make all entries, except DIS and MAN in this case
512/24/2002 Copy of letter dated 12-23-02 from Judge Bekken (TRA will be prepared)
601/06/2003 MOT. EXT/TIME TRANSCRIPT (Peggy Larson)
701/06/2003 ACTION BY TRIAL COURT. Granted: 03/11/2003
801/13/2003 RECORD ON APPEAL (w/exception of #37--SA Exh.1-Jacket & 43--SA Exh.10-Tape of 911 call)
901/13/2003 (Record in 20020346 entered in that case as ROA code)
1001/21/2003 Copy of Judge Bekken's Order dated 1-17-03 appointing Lawrence P. Kropp as counsel for AT
1103/18/2003 TRANSCRIPTS DATED JUNE 17, 2002, SEPTEMBER 24 & 25, 2002 (2 VOL.), AND DECEMBER 2, 2002
1203/20/2003 MOT. EXT/TIME TRANSCRIPT (Letter Form)(Peggy Larson)
1303/20/2003 ACTION BY CLERK (2nd MTR). Granted: 03/19/2003
1403/19/2003 TRANSCRIPT DATED SEPTEMBER 6, 2002
1503/20/2003 DISK - TRA'S 6-17-02, 9-24&25-02, 12-2-02 & 9-6-02 (2 disks)
1604/28/2003 APPELLANT BRIEF
1704/28/2003 APPELLANT APPENDIX
1805/07/2003 DISK - ATB
1905/23/2003 APPELLEE BRIEF
2005/27/2003 DISK - AEB
2106/23/2003 APPEARANCES: Thomas John Glass; Frederick R. "Fritz" Fremgen
2206/23/2003 ARGUED: Glass; Fremgen (Vol. Y; Page 127)
2306/23/2003 ORAL ARGUMENT WEBCAST
2408/20/2003 DISPOSITION: AFFIRMED
2508/20/2003 UNANIMOUS OPINION: VandeWalle, Gerald W.
2608/22/2003 Judgment Mailed to Parties
2709/11/2003 MANDATE
2809/29/2003 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
2909/17/2008 EXPUNGED - Nonpermanent record items destroyed

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