State v. Mathre

20030312 State of North Dakota, Plaintiff and Appellee
v.
Larry Shane Mathre, Defendant and Appellant

Appeal from: District Court, Northwest Judicial District, Ward County
Judge William W. McLees
Nature of Action: Assault
Counsel:
Appellee: Mark Ashley Flagstad , Asst. State's Attorney
Appellant: Pro se
Term: 06/2004   Argument: 06/14/2004  1:30pm
ND cite: 2004 ND 149
NW cite: 683 N.W.2d 918

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Issues: Appellee's Statement of the Issues:
I. Whether issues No. I and No. II as stated by the defendant are before the Court in light of the Court's dismissal of his appeal in City of Minot v. Mathre, Cr. No. 2003-K-0854, Supreme Court No. 20030313.
II. Whether the defendant had the right to forcibly resist his initial arrest on the charge of disorderly conduct.
III. Whether the law enforcement officers acted lawfully and under color of law in initially arresting the defendant on the charge of disorderly conduct.
IV. Whether the defendant was allowed to use unlawful arrest as a defense.
V. Whether the defendant properly preserved the issue of sufficiency of the evidence with regard to the issues listed in the defendant's brief as issues VI through X.
VI. Whether the Court committed obvious error in instructing the jury.

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Docket entries:
110/31/2003 NOTICE OF APPEAL: 10/29/2003
212/17/2003 RECORD ON APPEAL
312/18/2003 MOT. EXT/TIME APPELLANT BRIEF (sua sponte)
412/18/2003 ACTION BY Chief Deputy CLERK (sua sponte). Granted: 01/24/2004
501/23/2004 MOT. EXT/TIME APPELLANT BRIEF
601/23/2004 ACTION BY CLERK. Granted: 02/23/2004
701/23/2004 E-FILED MOTION (by facsimile)
802/02/2004 E-filed letter from Sandra Ostrom to Larry Mathre dated 1-27-04 RE:request for payment of TRA
902/02/2004 Transcript dated July 18, 2003
1002/03/2004 DISK - TRA (7-18-03)
1102/03/2004 Request for Transcript: 01/23/2004
1202/24/2004 MOT. EXT/TIME APPELLANT BRIEF (in letter form)
1302/24/2004 ACTION BY CLERK MAT. Granted: 02/25/2004
1402/24/2004 DISK NONCOMPLIANCE - ATB (Scanned)
1502/24/2004 APPELLANT APPENDIX
1602/25/2004 APPELLANT BRIEF (w/attached addendum)
1702/27/2004 Faxed copy of Appellant's Request for Waiver of Fee for transcripts (filed in trial court)
1803/01/2004 Certificate of Service of ATB
1903/08/2004 Copy of letter from Judge McLees to Larry Mathre dated 3-5-04 RE: Ruling of waiver of fees held in
2003/08/2004 abeyance pending receipt of requested information
2103/24/2004 MOT. EXT/TIME APPELLEE BRIEF & Affidavit/Support (Faxed)
2203/24/2004 E-FILED MOTION (Mot/Ext/AEB)
2303/24/2004 ACTION BY CHIEF DEPUTY CLERK. Granted: 04/26/2004
2403/25/2004 Hard copies of e-filed MAE
2504/20/2004 Excerpt from Transcript dated 10-2-03
2604/20/2004 DISK - TRA (10-2-03)
2704/26/2004 APPELLEE BRIEF
2804/27/2004 DISK - AEB
2905/25/2004 Request for Radio/TV Coverage (AP) e-mail dated 5-24-04 from Dale Wetzel (APPROVED)
3006/14/2004 APPEARANCES: Larry Shane Mathre; Mark A. Flagstad
3106/14/2004 ARGUED: Mathre; Flagstad (Vol. Z; Page 2)
3206/14/2004 ORAL ARGUMENT WEBCAST
3307/22/2004 DISPOSITION: AFFIRMED
3407/22/2004 UNANIMOUS OPINION: VandeWalle, Gerald W.
3507/26/2004 Judgment Mailed to Parties
3608/13/2004 MANDATE
3709/20/2004 MOTION FOR Extension of Time for Re-Appeal of Criminal Judgment
3809/20/2004 E-FILED MOTION (via facsimile)
3909/21/2004 Motion for Extension of Time for Re-Appeal of Criminal Judgment (same as faxed copy)
4009/22/2004 ACTION BY SUPREME COURT (Mot/Ext/Time/Re-Appeal). Denied
4109/22/2004 Order Mailed to Parties
4208/25/2004 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
4303/11/2011 EXPUNGED - Nonpermanent record items destroyed

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