State v. Clark

20030238 State of North Dakota, Plaintiff and Appellee
v.
Larry Clark, Defendant and Appellant

Appeal from: District Court, South Central Judicial District, McLean County
Judge Gail Hagerty
Nature of Action: Assault
Counsel:
Appellant: Vinje Law Firm
Appellee: Ladd Ronald Erickson , State's Attorney
Term: 03/2004   Argument: 03/02/2004  2:45pm
ND cite: 2004 ND 85
NW cite: 678 N.W.2d 765

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
Obvious error occurred when the State committed prosecutorial misconduct in its closing argument and rebuttal closing argument by incorporating personal beliefs, vouching for the complaining witness, commenting on facts not in evidence, violating the "golden rule", and suggesting that the burden shifted.

Appellee's Statement of the Issues:
Whether the State committed reversible error when it responded to the defense attorney's misconduct in front of the jury by claiming that the defendant's version of events is a "true story," and that the prosecutor didn't even believe the victim was injured?

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Docket entries:
108/13/2003 NOTICE OF APPEAL: 08/11/2003
208/13/2003 ORDER FOR TRANSCRIPT (Ronda Colby): 08/11/2003
308/13/2003 Amended Notice of Appeal
408/13/2003 ANNOUNCED DISQUALIFICATION: Sandstrom, Dale V.
508/18/2003 RETENTION OF RECORD ON APPEAL: 09/30/2003
609/26/2003 RECORD ON APPEAL Not forwarded with the ROA was No. 27 (Defendant's Exhibit 1 Aerial Photo)
709/30/2003 TRANSCRIPTS DATED May 13-14, 2003 (2 Vol.) and July 21, 2003
809/30/2003 DISK - TRAs May 13-14, 2003 & July 21, 2003
910/06/2003 Supplemental Clerk's Certificate dated 10-1-03 (Entry No. 48)
1011/06/2003 MOT. EXT/TIME APPELLANT BRIEF (faxed)
1111/06/2003 E-FILED MOTION (Mot/Ext/ATB)(Faxed)
1211/06/2003 ACTION BY CLERK. Granted: 12/09/2003
1311/07/2003 Original Motion for Ext/Time/ATB (same as faxed copy filed 11-6-03)
1412/09/2003 APPELLANT BRIEF
1512/09/2003 APPELLANT APPENDIX
1612/16/2003 corrected page 17 of ATB
1712/16/2003 DISK - ATB (e-mailed)
1812/31/2003 MOT. EXT/TIME APPELLEE BRIEF
1912/31/2003 ACTION BY CHIEF DEPUTY CLERK. Granted: 02/07/2004
2012/31/2003 E-FILED MOTION
2102/06/2004 APPELLEE BRIEF
2202/06/2004 DISK - AEB
2302/17/2004 SITTING WITH THE COURT: Smith, Kirk
2403/02/2004 APPEARANCES: Chad R. McCabe and Ladd R. Erickson, State's Attorney
2503/02/2004 ARGUED: McCabe; Erickson (Vol. Y; Page 208)
2603/02/2004 ORAL ARGUMENT WEBCAST
2704/19/2004 DISPOSITION: AFFIRMED
2804/19/2004 UNANIMOUS OPINION: Kapsner, Carol Ronning
2904/19/2004 Judgment Mailed to Parties
3005/11/2004 MANDATE
3105/14/2004 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
3211/17/2010 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 10/24/2014