State v. Buchholz

20060044 State of North Dakota, Plaintiff and Appellee
v.
Paul John Buchholz, Defendant and Appellant

Appeal from: District Court, Southeast Judicial District, Barnes County
Judge John E. Greenwood
Nature of Action: Other (Crim.)
Counsel:
Appellant: Russell John Myhre
Appellee: Lee Michael Grossman , Asst. State's Attorney
Term: 09/2006   Argument: 09/06/2006  10:00am
ND cite: 2006 ND 227
NW cite: 723 N.W.2d 534

Listen to recording of oral argument in MP3 format

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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Docket entries:
102/14/2006 NOTICE OF APPEAL: 02/13/2006
202/14/2006 ORDER FOR TRANSCRIPT: 02/13/2006
303/02/2006 NOTE: unless we receive written objection, this case is consol. w/20060061. Make all docket
403/02/2006 entries, except DIS/MAN, in this case.
503/02/2006 Reset due date for ATB in this consol. matter (ATB due 40 days from filing of TRA in 20060061)
603/02/2006 ACTION BY CLERK - MAT. Granted: 04/25/2006
703/14/2006 RECORD ON APPEAL, Exhibits, & Transcript (Not rec'd: State's Exhibits 2,3,4,5,7,9,10,11,16,17,18,
803/14/2006 19,21,22,23,24,25-28,&30)
903/16/2006 TRANSCRIPT DATED November 15, 2005
1003/17/2006 DISK - TRA 10-15-05
1105/05/2006 APPELLANT BRIEF
1205/05/2006 APPELLANT APPENDIX
1305/16/2006 Copies of Notices of Appeal dated 2-9-06; 2-22-06; & 3-28-06 for ATA
1406/01/2006 APPELLEE BRIEF
1506/02/2006 DISK - AEB
1606/05/2006 DISK - ATB (e-mailed)
1709/06/2006 APPEARANCES: Russell J. Myhre; Lee M. Grossman
1809/06/2006 ARGUED: Myhre; Grossman
1909/06/2006 ORAL ARGUMENT WEBCAST
2011/07/2006 DISPOSITION: AFFIRMED
2111/07/2007 UNANIMOUS OPINION: VandeWalle, Gerald W.
2211/08/2006 Judgment Mailed to Parties
2311/29/2006 MANDATE
2412/04/2006 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 09/01/2014