State v. Buchholz
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| 20060044 |
State of North Dakota, Plaintiff and Appellee
v.
Paul John Buchholz, Defendant and Appellant
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| Appeal from: |
District Court,
Southeast Judicial District,
Barnes County
Judge John E. Greenwood |
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Nature of Action: |
Other (Crim.)
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| Counsel: |
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| Term: |
09/2006 Argument: 09/06/2006 10:00am
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| ND cite: |
2006 ND 227
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| NW cite: |
723 N.W.2d 534
Listen to recording of oral argument
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| Issues: |
Appellant's Statement of the Issues:
1. Whether the trial court abused its discretion in granting the State's Motion in Limine to prevent the Defendant from introducing evidence and testimony at trial regarding a "mistake of law", where the mistake of law was an illegal sentence upon
the underlying felony upon which a charge of felon in possession of firearms was predicated and in which the illegal sentence incorrectly prohibited the Defendant from possessing firearms for a lesser period of time than provided by law?
2. Whether the trial court erred in denying the Defendant's Motion to Dismiss on the grounds that the State had failed to provide affirmative evidence that the firearms were capable of discharging a projectile?
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 Add Docket 20060044 RSS
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| 1 | | 02/14/2006 | |
NOTICE OF APPEAL: 02/13/2006 |
| 2 | | 02/14/2006 | |
ORDER FOR TRANSCRIPT: 02/13/2006 |
| 3 | | 03/02/2006 | |
NOTE: unless we receive written objection, this case is consol. w/20060061. Make all docket |
| 4 | | 03/02/2006 | |
entries, except DIS/MAN, in this case. |
| 5 | | 03/02/2006 | |
Reset due date for ATB in this consol. matter (ATB due 40 days from filing of TRA in 20060061) |
| 6 | | 03/02/2006 | |
ACTION BY CLERK - MAT. Granted: 04/25/2006 |
| 7 | | 03/14/2006 | |
RECORD ON APPEAL, Exhibits, & Transcript (Not rec'd: State's Exhibits 2,3,4,5,7,9,10,11,16,17,18, |
| 8 | | 03/14/2006 | |
19,21,22,23,24,25-28,&30) |
| 9 | | 03/16/2006 | |
TRANSCRIPT DATED November 15, 2005 |
| 10 | | 03/17/2006 | |
DISK - TRA 10-15-05 |
| 11 | | 05/05/2006 | |
APPELLANT BRIEF |
| 12 | | 05/05/2006 | |
APPELLANT APPENDIX |
| 13 | | 05/16/2006 | |
Copies of Notices of Appeal dated 2-9-06; 2-22-06; & 3-28-06 for ATA |
| 14 | | 06/01/2006 | |
APPELLEE BRIEF |
| 15 | | 06/02/2006 | |
DISK - AEB |
| 16 | | 06/05/2006 | |
DISK - ATB (e-mailed) |
| 17 | | 09/06/2006 | |
APPEARANCES: Russell J. Myhre; Lee M. Grossman |
| 18 | | 09/06/2006 | |
ARGUED: Myhre; Grossman |
| 19 | | 09/06/2006 | |
ORAL ARGUMENT WEBCAST |
| 20 | | 11/07/2006 | |
DISPOSITION: AFFIRMED |
| 21 | | 11/07/2007 | |
UNANIMOUS OPINION: VandeWalle, Gerald W. |
| 22 | | 11/08/2006 | |
Judgment Mailed to Parties |
| 23 | | 11/29/2006 | |
MANDATE |
| 24 | | 12/04/2006 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |