State v. Barth

20050015 State of North Dakota, Plaintiff and Appellee
v.
Dale Barth, Defendant and Appellant

Appeal from: District Court, South Central Judicial District, Oliver County
Judge Gail Hagerty
Nature of Action: Misc. Statutory Off. (Misdemeanor)
Counsel:
Appellant: Farhart Wolff, P.C.
Appellee: John Jeremy Mahoney , State's Attorney
Term: 06/2005   Argument: 06/09/2005  9:30am
ND cite: 2005 ND 134
NW cite: 702 N.W.2d 1

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
I. Whether the defendant's conviction for disorderly conduct based on offensive words and finger gestures directed at the sheriff is in violation of the first amendment?
II. Whether the defendant's convictions for disorderly conduct preventing arrest and attempted simple assault should be reversed because the state failed to meet its burden in proving each element of the offenses charged beyond a reasonable doubt?

Appellee's Statement of the Issues:
1. Whether the defendant's conviction for disorderly conduct was in violation of his first amendment rights to free speech.
2. Whether the evidence presented at trial was sufficient to support defendant's convictions for disorderly conduct, preventing arrest, and attempted simple assault on a peace officer.

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Docket entries:
101/19/2005 NOTICE OF APPEAL: 01/18/2005
201/19/2005 ORDER FOR TRANSCRIPT: 01/18/2005
302/11/2005 Acknowledgement of Order for Transcript (Joyce Harnden)
402/11/2005 RETENTION OF RECORD ON APPEAL: 03/09/2005
502/24/2005 MOTION for Release Pending Appeal, Brief in Support, Affidavit of Dale Barth, Aff. of Otto Barth
602/24/2005 Affidavit of Motion for Release by Mail on John Mahoney
702/25/2005 TRANSCRIPT DATED January 6, 2005
802/25/2005 DISK of tra
902/25/2005 RECORD ON APPEAL
1003/02/2005 ANNOUNCED DISQUALIFICATION: Sandstrom, Dale V.
1103/02/2005 ACTION BY SUPREME COURT (Mot. for Release Pending Appeal). Denied
1203/02/2005 Order denying motion for release pending appeal mailed to Parties, trial court, clerk
1304/06/2005 APPELLANT BRIEF
1404/06/2005 APPELLANT APPENDIX
1504/08/2005 DISK - atb
1605/09/2005 APPELLEE BRIEF
1705/11/2005 DISK (e-mailed) - AEB
1805/25/2005 SITTING WITH THE COURT: Leclerc, Lawrence A.
1906/09/2005 APPEARANCES: Jeffrey L. Sheets; John J. Mahoney
2006/09/2005 ARGUED: Sheets; Mahoney (Vol. Z; Page 132)
2106/09/2005 ORAL ARGUMENT WEBCAST
2207/15/2005 DISPOSITION: AFFIRMED
2307/15/2005 UNANIMOUS OPINION: Maring, Mary Muehlen
2407/15/2005 Judgment Mailed to Parties
2508/08/2005 MANDATE
2608/11/2005 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
2707/19/2012 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 10/31/2014