State v. Hoverson
|
| 20050237 |
State of North Dakota, Plaintiff and Appellee
v.
Danny Ray Hoverson, Defendant and Appellant
|
| Appeal from: |
District Court,
Northwest Judicial District,
Ward County
Judge Gary H. Lee |
|
Nature of Action: |
Drugs/Contraband
|
| Counsel: |
|
| Term: |
01/2006 Argument: 01/11/2006 09:30am
|
| ND cite: |
2006 ND 49
|
| NW cite: |
710 N.W.2d 890
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
|
|
|
| Issues: |
Appellant's Statement of the Issues:
Issue I : It was reversible error for the Court to deny Hoverson the right to impeach the informant through cross examination of specific instances of conduct.
Issue II : It was reversible error for the Court to rely upon an impermissible factor of unproven conduct in sentencing Hoverson.
Issue III : It was reversible error for the Court not to dismiss the case based upon outrageous conduct or supervisory powers.
Appellee's Statement of the Issues:
I. Whether it was reversible error for the trial court to deny Hoverson the right to impeach the informant through specific instances of prior conduct.
II. Whether it was reversible error for the trial court to rely upon an impermissible factor of unproven conduct in sentencing Hoverson.
III. Whether it was reversible error for the trial court not to dismiss the case based upon outrageous conduct or supervisory powers.
|
|
 Add Docket 20050237 RSS
|
| 1 | | 07/19/2005 | |
NOTICE OF APPEAL: 07/15/2005 |
| 2 | | 07/19/2005 | |
ORDER FOR TRANSCRIPT: 07/15/2005 |
| 3 | | 07/20/2005 | |
RETENTION OF RECORD ON APPEAL: 09/03/2005 |
| 4 | | 07/20/2005 | |
Request for advance payment and acknowledgment of the Order for Transcript (Laurel Marsh) |
| 5 | | 07/20/2005 | |
Amended Order for Transcript filed in trial court July 20, 2005 (transcripts remain due 9/3/05) |
| 6 | | 09/02/2005 | |
TRANSCRIPT DATED April 25-26, 2005 and June 28, 2005 (1 vol.) |
| 7 | | 09/06/2005 | |
DISK - tra (4/25-26/05 & 6/28/05) |
| 8 | | 09/07/2005 | |
RECORD ON APPEAL & EXHIBITS (Not rec'd: #56--Exh. 4 -- Plastic Bag containing Meth) |
| 9 | | 09/09/2005 | |
Supplemental Clerk's Certificate dated 9-8-05 (Entry Nos. 130-132, which includes an original TRA |
| 10 | | 09/09/2005 | |
dated 10-21-04) |
| 11 | | 09/13/2005 | |
DISK - tra (10-21-04)(e-mailed) |
| 12 | | 10/10/2005 | |
MOT. EXT/TIME APPELLANT BRIEF |
| 13 | | 10/10/2005 | |
ACTION BY CLERK. Granted: 11/09/2005 |
| 14 | | 11/03/2005 | |
MOT. EXT/TIME APPELLANT BRIEF |
| 15 | | 11/03/2005 | |
E-FILED MOTION - (Faxed MAT) |
| 16 | | 11/03/2005 | |
ACTION BY CHIEF JUSTICE. Granted: 11/14/2005 |
| 17 | | 11/14/2005 | |
APPELLANT BRIEF |
| 18 | | 11/14/2005 | |
E-FILED BRIEF (ATB) |
| 19 | | 11/14/2005 | |
APPELLANT APPENDIX |
| 20 | | 11/14/2005 | |
E-FILED APPENDIX (ATA (e-filed) |
| 21 | | 11/16/2005 | |
Received $25 surcharge for ATB (Receipt #16659) |
| 22 | | 11/22/2005 | |
Received copies of ATB & ATA from Central Duplicating |
| 23 | | 12/12/2005 | |
APPELLEE BRIEF |
| 24 | | 12/12/2005 | |
DISK - AEB |
| 25 | | 01/11/2006 | |
APPEARANCES: Chad R. McCabe; Kelly A. Dillon |
| 26 | | 01/11/2006 | |
ARGUED: McCabe; Dillon |
| 27 | | 01/11/2006 | |
ORAL ARGUMENT WEBCAST |
| 28 | | 03/02/2006 | |
DISPOSITION: AFFIRMED |
| 29 | | 03/02/2006 | |
UNANIMOUS OPINION: Maring, Mary Muehlen |
| 30 | | 03/07/2006 | |
Judgment Mailed to Parties |
| 31 | | 03/28/2006 | |
MANDATE |
| 32 | | 04/11/2006 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |