State v. Nikle

20050172 State of North Dakota, Plaintiff and Appellee
v.
Daniel Allen Nikle, Defendant and Appellant

Appeal from: District Court, Northeast Central Judicial District, Grand Forks County
Judge Debbie Gordon Kleven
Nature of Action: Drugs/Contraband
Counsel:
Appellant: Kevin B. Spaeth
Appellee: Thomas H. Falck Jr. , Asst. State's Attorney
Term: 12/2005   Argument: 12/14/2005  Waived
ND cite: 2006 ND 25
NW cite: 708 N.W.2d 867


Issues: Appellant's Statement of the Issues:
I. Whether Defendant was so prejudiced by the statement made by a venireperson during voir dire that his conviction must be reversed because of obvious error.
II.Whether Defendant received ineffective assistance of counsel that is shown by the record to be plainly defective requiring a reversal of the conviction.

Appellee's Statement of the Issues:
I. Whether a venireperson's statements during voir dire so prejudiced Defendant that his conviction should be reversed.
II. Whether Defendant received ineffective assistance of counsel that is shown by the record to be plainly defective requiring reversal of the conviction.

Add Docket 20050172 RSS Add Docket 20050172 RSS

Docket entries:
105/17/2005 NOTICE OF APPEAL: 05/13/2005
205/17/2005 Request for Filing the Record on Appeal and for Appointment of Counsel (order for transcript)
307/01/2005 Order Granting Request for Transcript: 06/21/2005
407/12/2005 Copy of Order Granting Extension of Time for Filing Notice of Appeal
508/03/2005 RECORD ON APPEAL & original & 1 copy of Trans. dated 3-1-05 & 3-2-05 (Not rec'd: #4-tape;11,14,22,
608/03/2005 34, & 60--Steno Notes; 39-50--Exhibits; 51--Question from Jurors)
708/22/2005 TRANSCRIPT DATED March 1, 2005 (voir dire)
808/23/2005 Certificate of Service of Copies of Transcript
908/25/2005 DISK - transcript dated March 1, 2005 (voir dire)
1010/03/2005 APPELLANT BRIEF
1110/11/2005 DISK - ATB (e-mailed)
1210/12/2005 Received Affidavit of Personal Service of Appellant's Brief & Appendix
1310/12/2005 APPELLANT APPENDIX
1410/12/2005 One unbound copy of the Appellant's Brief
1511/07/2005 APPELLEE BRIEF
1611/07/2005 E-FILED BRIEF (Appellee's Brief)
1711/25/2005 Consent to Appearance of Anne Boettger by Peter D. Welte
1812/06/2005 Letter dated 12-06-05 from Kevin Spaeth stating that he and Mr. Falck have agreed to waive OA
1912/06/2005 E-FILED MOTION (Spaeth's request to waive)
2012/06/2005 Letter dated 12-06-05 from Thomas Falck, Jr., requesting waiver of OA on behalf of AE
2112/06/2005 E-FILED MOTION (Falck's request to waive)
2212/07/2005 ACTION BY SUPREME COURT (AT's request to waive). Granted
2312/07/2005 ACTION BY SUPREME COURT (AE's request to waive). Granted
2412/14/2005 APPEARANCES: submitted on briefs under NDRAppP 34(f)
2512/14/2005 ARGUED: submitted on briefs under NDRAppP 34(f)
2601/31/2006 DISPOSITION: AFFIRMED
2701/31/2006 UNANIMOUS OPINION: Crothers, Daniel John
2802/01/2006 Judgment Mailed to Parties
2903/01/2006 MANDATE
3003/06/2006 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
3108/21/2014 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 09/02/2014