State v. Jaster

20030355 State of North Dakota, Plaintiff and Appellee
v.
Charles Jaster, Defendant and Appellant

Appeal from: District Court, Northwest Judicial District, Divide County
Judge David W. Nelson
Nature of Action: Misc. Statutory Offense (Felony)
Counsel:
Appellant: Slorby Law Office
Appellee: Michel W. Stefonowicz , State's Attorney
Term: 10/2004   Argument: 10/18/2004  1:30pm
ND cite: 2004 ND 223
NW cite: 690 N.W.2d 213

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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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Docket entries:
112/09/2003 NOTICE OF APPEAL: 12/01/2003
212/09/2003 ORDER FOR TRANSCRIPT: 12/01/2003
312/09/2003 Amended Notice of Appeal (Date of Judgment changed)
412/16/2003 RETENTION OF RECORD ON APPEAL: 05/04/2004
501/21/2004 Letter from Jean Carrier that preparation of the transcript has been suspended for failure to make
601/21/2004 advance payment as requested
701/21/2004 S.Ct. Not. of Dismissal/Failure to Proceed. RspDue: 02/02/2004
801/23/2004 Response, Stipulation for Remand filed by Tom Slorby, counsel for Appellant 1-23-04
901/26/2004 NO ACTION TAKEN on MSN
1001/26/2004 "STIPULATION FOR REMAND"
1101/26/2004 ACTION BY CLERK (Remand). Granted
1201/26/2004 ORDER OF REMAND
1301/26/2004 (Temporarily remanded for the limited purpose of addressing the appt. of counsel and pymt of costs
1401/26/2004 on appeal) (Briefing Schedule is stayed)
1502/26/2004 Copies of Judge Rustad's Order Granting Motion to Determine Defendant Indigent, Motion to Determine
1602/26/2004 Defendant Indigent, & Affidavit of Financial Sources (Faxed)
1702/26/2004 MOT. EXT/TIME TRANSCRIPT (sua sponte)
1802/26/2004 ACTION BY Chief Deputy CLERK (sua sponte). Granted: 03/25/2004
1902/26/2004 MOT. EXT/TIME APPELLANT BRIEF (sua sponte)
2002/26/2004 ACTION BY CHIEF DEPUTY CLERK (sua sponte) ATB due 40 days after TRA is filed; approx. 6-19-04). Granted: 06/19/2004
2103/24/2004 MOT. EXT/TIME TRANSCRIPT (letter from Jean Carrier)
2203/25/2004 ACTION BY ACTING CHIEF JUSTICE. Granted: 05/04/2004
2305/03/2004 MOT. EXT/TIME TRANSCRIPT
2405/03/2004 E-FILED MOTION (via email)
2505/03/2004 ACTION BY CHIEF JUSTICE. Granted: 05/11/2004
2605/10/2004 TRANSCRIPT DATED November 19, 2003
2705/10/2004 DISK - TRA dated November 19, 2003 (electronically transmitted)
2805/17/2004 RECORD ON APPEAL & Transcripts (2) dated 1-29-03
2905/18/2004 MOT. EXT/TIME APPELLANT BRIEF
3005/18/2004 ACTION BY CLERK. Granted: 07/19/2004
3107/19/2004 APPELLANT BRIEF
3207/19/2004 APPELLANT APPENDIX
3307/20/2004 DISK - atb
3407/28/2004 Copies of Register of Action & Amended NOA for ATA
3508/17/2004 APPELLEE BRIEF & Addendum
3608/17/2004 APPELLEE APPENDIX
3708/20/2004 Corrected covers for AEB
3810/05/2004 Corrected covers for AEB
3910/05/2004 DISK - aeb (e-mailed)
4010/18/2004 APPEARANCES: Tom P. Slorby; Michel W. Stefonowicz
4110/18/2004 ARGUED: Slorby; Stefonowicz (Vol. Z; page 40)
4210/18/2004 ORAL ARGUMENT WEBCAST
4312/14/2004 DISPOSITION: AFFIRMED
4412/14/2004 UNANIMOUS OPINION: Neumann, William A.
4512/15/2004 Judgment Mailed to Parties
4601/06/2005 MANDATE
4701/10/2005 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
4805/20/2011 EXPUNGED - Nonpermanent record items destroyed

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