State v. Dailey

20060030 State of North Dakota, Plaintiff and Appellee
v.
Todd Alan Dailey, Defendant and Appellant

Appeal from: District Court, South Central Judicial District, Kidder County
Judge Robert O. Wefald
Nature of Action: Misc. Statutory Offense (Felony)
Counsel:
Appellant: David Neil Ogren
Appellee: Jerod Elton Tufte , State's Attorney
Term: 06/2006   Argument: 06/26/2006  Waived
ND cite: 2006 ND 184
NW cite: 721 N.W.2d 29


Issues: Appellant's Statement of the Issues:
1. Did the trial judge create the appearance of either bias or prejudice against the Defendant by his comments to the jury following the entry of the verdict that would require his recusal for sentencing.

Appellee's Statement of the Issues:
Could a reasonable person, based upon the trial judge's post-verdict statements to the jury, reasonably question the judge's impartiality with regard to the sentencing of the defendant?

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Docket entries:
102/01/2006 NOTICE OF APPEAL: 01/31/2006
202/23/2006 ORDER FOR TRANSCRIPT: 02/21/2006
302/23/2006 Acknowledgement of Order for Transcript by Cynthia Kurtz
402/23/2006 RETENTION OF RECORD ON APPEAL: 04/12/2006
503/24/2006 TRANSCRIPT DATED November 15 & 16, 2005
603/24/2006 DISK - TRA dated November 15 & 16, 2005
703/30/2006 RECORD ON APPEAL (2 volumes & separates 147(exhibits 1-19), 158(exhibits 31-36), 166(PSI))
803/30/2006 Not received with ROA -- entries 163 & 164 (letters) (NOTE: Entry No. 164 was filed w/Supplemental
903/30/2006 Clerk's Certificate dated 4-5-06
1004/06/2006 Supplemental Clerk's Certificate dated 4-5-06 (Entry No. 164)
1104/25/2006 Supplemental Clerk's Certificate dated 4-24-06 (Entry Nos. 182-188; Not rec'd: #181-Receipt)
1205/03/2006 APPELLANT BRIEF
1305/12/2006 APPELLANT APPENDIX
1405/15/2006 DISK - atb
1505/18/2006 Additional copy of Appellant's Appendix
1605/23/2006 APPELLEE BRIEF (PDF)
1705/23/2006 E-FILED BRIEF (AEB)
1805/23/2006 Copies made of AEB
1905/23/2006 S.CT. DETERMINED ORAL ARGUMENT NOT NECESSARY
2005/24/2006 Received $25 surcharge (Receipt #16875)
2106/26/2006 APPEARANCES: waived under N.D.R.App.P. 34(a)(2) and submitted on the records and briefs filed
2206/26/2006 ARGUED: waived under N.D.R.App.P. 34(a)(2) and submitted on the records and briefs filed
2308/24/2006 DISPOSITION: AFFIRMED
2408/24/2006 UNANIMOUS OPINION: Crothers, Daniel John
2508/28/2006 Order/Judgment Mailed to Parties
2609/15/2006 MANDATE
2709/22/2006 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 10/24/2014