State v. Jaster
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| 20030355 |
State of North Dakota, Plaintiff and Appellee
v.
Charles Jaster, Defendant and Appellant
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| Appeal from: |
District Court,
Northwest Judicial District,
Divide County
Judge David W. Nelson |
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Nature of Action: |
Misc. Statutory Offense (Felony)
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| Counsel: |
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| Term: |
10/2004 Argument: 10/18/2004 01:30pm
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| ND cite: |
2004 ND 223
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| NW cite: |
690 N.W.2d 213
Listen to recording of oral argument
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| Issues: |
Appellant's Statement of the Issues:
1. Did the trial court err in admitting testimony pertaining to statements made by the defendant to police officers after his arrest.
2. Did the trial court err in admitting hearsay testimony as to statements made by Erica Jaster.
3. Did the trial court err in allowing Officer Osvold to testify as to what he had been told about guns in the home and that Charles would shoot a police officer.
4. Did the trial court err in instructing the jury as to the culpability elements of reckless endangerment.
5. Did the trial court err in instructing the jury as to the necessity to show that a particular person's safety was jeopardized.
6. Did the trial court err in failing to grant the defendant's challenge for cause as to two prospective jurors that had a current attorney/client relationship with the prosecutor.
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| 1 | | 12/09/2003 | |
NOTICE OF APPEAL: 12/01/2003 |
| 2 | | 12/09/2003 | |
ORDER FOR TRANSCRIPT: 12/01/2003 |
| 3 | | 12/09/2003 | |
Amended Notice of Appeal (Date of Judgment changed) |
| 4 | | 12/16/2003 | |
RETENTION OF RECORD ON APPEAL: 05/04/2004 |
| 5 | | 01/21/2004 | |
Letter from Jean Carrier that preparation of the transcript has been suspended for failure to make |
| 6 | | 01/21/2004 | |
advance payment as requested |
| 7 | | 01/21/2004 | |
S.Ct. Not. of Dismissal/Failure to Proceed. RspDue: 02/02/2004 |
| 8 | | 01/23/2004 | |
Response, Stipulation for Remand filed by Tom Slorby, counsel for Appellant 1-23-04 |
| 9 | | 01/26/2004 | |
NO ACTION TAKEN on MSN |
| 10 | | 01/26/2004 | |
"STIPULATION FOR REMAND" |
| 11 | | 01/26/2004 | |
ACTION BY CLERK (Remand). Granted |
| 12 | | 01/26/2004 | |
ORDER OF REMAND |
| 13 | | 01/26/2004 | |
(Temporarily remanded for the limited purpose of addressing the appt. of counsel and pymt of costs |
| 14 | | 01/26/2004 | |
on appeal) (Briefing Schedule is stayed) |
| 15 | | 02/26/2004 | |
Copies of Judge Rustad's Order Granting Motion to Determine Defendant Indigent, Motion to Determine |
| 16 | | 02/26/2004 | |
Defendant Indigent, & Affidavit of Financial Sources (Faxed) |
| 17 | | 02/26/2004 | |
MOT. EXT/TIME TRANSCRIPT (sua sponte) |
| 18 | | 02/26/2004 | |
ACTION BY Chief Deputy CLERK (sua sponte). Granted: 03/25/2004 |
| 19 | | 02/26/2004 | |
MOT. EXT/TIME APPELLANT BRIEF (sua sponte) |
| 20 | | 02/26/2004 | |
ACTION BY CHIEF DEPUTY CLERK (sua sponte) ATB due 40 days after TRA is filed; approx. 6-19-04). Granted: 06/19/2004 |
| 21 | | 03/24/2004 | |
MOT. EXT/TIME TRANSCRIPT (letter from Jean Carrier) |
| 22 | | 03/25/2004 | |
ACTION BY ACTING CHIEF JUSTICE. Granted: 05/04/2004 |
| 23 | | 05/03/2004 | |
MOT. EXT/TIME TRANSCRIPT |
| 24 | | 05/03/2004 | |
E-FILED MOTION (via email) |
| 25 | | 05/03/2004 | |
ACTION BY CHIEF JUSTICE. Granted: 05/11/2004 |
| 26 | | 05/10/2004 | |
TRANSCRIPT DATED November 19, 2003 |
| 27 | | 05/10/2004 | |
DISK - TRA dated November 19, 2003 (electronically transmitted) |
| 28 | | 05/17/2004 | |
RECORD ON APPEAL & Transcripts (2) dated 1-29-03 |
| 29 | | 05/18/2004 | |
MOT. EXT/TIME APPELLANT BRIEF |
| 30 | | 05/18/2004 | |
ACTION BY CLERK. Granted: 07/19/2004 |
| 31 | | 07/19/2004 | |
APPELLANT BRIEF |
| 32 | | 07/19/2004 | |
APPELLANT APPENDIX |
| 33 | | 07/20/2004 | |
DISK - atb |
| 34 | | 07/28/2004 | |
Copies of Register of Action & Amended NOA for ATA |
| 35 | | 08/17/2004 | |
APPELLEE BRIEF & Addendum |
| 36 | | 08/17/2004 | |
APPELLEE APPENDIX |
| 37 | | 08/20/2004 | |
Corrected covers for AEB |
| 38 | | 10/05/2004 | |
Corrected covers for AEB |
| 39 | | 10/05/2004 | |
DISK - aeb (e-mailed) |
| 40 | | 10/18/2004 | |
APPEARANCES: Tom P. Slorby; Michel W. Stefonowicz |
| 41 | | 10/18/2004 | |
ARGUED: Slorby; Stefonowicz (Vol. Z; page 40) |
| 42 | | 10/18/2004 | |
ORAL ARGUMENT WEBCAST |
| 43 | | 12/14/2004 | |
DISPOSITION: AFFIRMED |
| 44 | | 12/14/2004 | |
UNANIMOUS OPINION: Neumann, William A. |
| 45 | | 12/15/2004 | |
Judgment Mailed to Parties |
| 46 | | 01/06/2005 | |
MANDATE |
| 47 | | 01/10/2005 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 48 | | 05/20/2011 | |
EXPUNGED - Nonpermanent record items destroyed |