State v. Zahn
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| 20060045 |
State of North Dakota, Plaintiff and Appellee
v.
Wayne Zahn, Defendant and Appellant
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| Appeal from: |
District Court,
Southeast Judicial District,
Dickey County
Judge John E. Greenwood |
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Nature of Action: |
Misc. Statutory Offense (Felony)
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| Counsel: |
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| Term: |
11/2006 Argument: 11/14/2006 10:00am
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| ND cite: |
2007 ND 2
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| NW cite: |
725 N.W.2d 894
Listen to recording of oral argument
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| Issues: |
Appellant's Statement of the Issues:
I. Whether the evidence supports judgment of conviction upon violation of a protection order when the state failed to prove that the defendant was served a copy of the application for the temporary order of protection along with service of the
order?
II. Whether the evidence viewed in a light most favorable to the verdict supports a judgment of conviction on the charge of reckless endangerment?
Appellee's Statement of the Issues:
I. As a matter of law, service of an application for an N.D.C.C. 14 07.1 03 temporary protection order is not an essential element of N.D.C.C. 14 07.1 06 requiring proof of such service beyond a reasonable doubt.
II. The evidence presented at trial was sufficient to support Zahn's conviction of reckless endangerment.
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| 1 | | 02/16/2006 | |
NOTICE OF APPEAL: 02/14/2006 |
| 2 | | 02/16/2006 | |
ORDER FOR TRANSCRIPT: 02/14/2006 |
| 3 | | 02/16/2006 | |
THIS CASE IS CONSOLIDATED W/20060046 & 20060047 MAKE ALL ENTRIES EXCEPT DIS & MAN IN THIS CASE |
| 4 | | 03/16/2006 | |
RECORD ON APPEAL & Exhibits 1-5 |
| 5 | | 04/03/2006 | |
TRANSCRIPT DATED August 31, 2005, and September 1, 2005 |
| 6 | | 04/04/2006 | |
DISK - transcript dated August 31, 2005, and September 1, 2005 |
| 7 | | 04/04/2006 | |
Certificate of Service of copies of transcript |
| 8 | | 04/24/2006 | |
Supplemental Clerk's Certificate dated 4-21-06 (Entry Nos. 47-49) |
| 9 | | 04/27/2006 | |
Supplemental Clerk's Certificate dated 4-26-06 (Entry No.50) |
| 10 | | 05/02/2006 | |
Supplemental Clerk's Certificate dated May 1, 2006 (Entry No. 51) |
| 11 | | 05/12/2006 | |
APPELLANT BRIEF (withdrawn) (See ATB filed 9-15-06) |
| 12 | | 06/23/2006 | |
MOTION FOR Order to Show Cause (sua sponte) (order enterd 6/21/06, but held for appendix receipt) |
| 13 | | 06/23/2006 | |
ACTION BY SUPREME COURT (If appendix is not received by June 28, Appellant's attorney must show. Granted |
| 14 | | 06/23/2006 | |
cause why the case should not be dismissed, personal sanctions issued, or other action |
| 15 | | 06/27/2006 | |
Appellant's Appendix (Withdrawn)(see replacement appendix filed on 9-15-06) |
| 16 | | 06/27/2006 | |
Reset due date for Appellee's Brief due to filing of Appellant's Appendix |
| 17 | | 06/27/2006 | |
ACTION BY CLERK. Granted: 07/31/2006 |
| 18 | | 07/11/2006 | |
MOT. EXT/TIME APPELLEE BRIEF (letter dated July 10, 2006) |
| 19 | | 07/11/2006 | |
ACTION BY CLERK. Granted: 08/30/2006 |
| 20 | | 07/21/2006 | |
Attorney's Certificate of Mail of proof of service of Appendix & Table of Contents on Mr. Narum |
| 21 | | 08/15/2006 | |
MOT. TO FILE SUPPLEMENTAL APPELLANT'S BRIEF AND EXTENSION OF TIME FOR FILING AND BRIEF IN SUPPPORT, |
| 22 | | 08/15/2006 | |
ACKNOWLEDGEMENT OF NOTICE OF APPELLANT'S MOTION FOR LEAVE TO SUBSTITUTE COUNSEL & PROPOSED ORDER |
| 23 | | 08/15/2006 | |
E-FILED MOTION (MAT) |
| 24 | | 08/15/2006 | |
ACTION BY CHIEF JUSTICE (MAT). Granted: 09/11/2006 |
| 25 | | 09/11/2006 | |
MOTION FOR LEAVE TO SUBSTITUTE COUNSEL |
| 26 | | 09/11/2006 | |
E-FILED MOTION (Mot/Substitute/Counsel) |
| 27 | | 09/11/2006 | |
ACTION BY CLERK (Mot/Substitute/Counsel). Granted |
| 28 | | 09/15/2006 | |
APPELLANT BRIEF (Replacement ATB) |
| 29 | | 09/15/2006 | |
APPELLANT APPENDIX (Replacement ATA) |
| 30 | | 09/18/2006 | |
DISK - CD ROM (ATB) |
| 31 | | 09/18/2006 | |
Letter from Robert P. Bennett dated 9-15-06 advising that he will be representing State |
| 32 | | 10/02/2006 | |
APPELLEE BRIEF |
| 33 | | 10/02/2006 | |
DISK - AEB (e-mailed) |
| 34 | | 10/24/2006 | |
Affidavit of Talisa A. Nemec showing good cause why replacement ATB, filed 9-11-06, was late |
| 35 | | 11/14/2006 | |
APPEARANCES: TaLisa A. Nemec; Robert P. Bennett |
| 36 | | 11/14/2006 | |
ARGUED: Nemec; Bennett |
| 37 | | 11/14/2006 | |
ORAL ARGUMENT WEBCAST |
| 38 | | 01/11/2007 | |
DISPOSITION: AFFIRMED |
| 39 | | 01/11/2007 | |
UNANIMOUS OPINION: Kapsner, Carol Ronning |
| 40 | | 01/11/2007 | |
(Concur in the Result): Sandstrom, Dale V.: CONCUR |
| 41 | | 01/12/2007 | |
Judgment Mailed to Parties |
| 42 | | 02/02/2007 | |
MANDATE |
| 43 | | 02/09/2007 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 44 | | 02/26/2007 | |
Corrected Opinion Page |