State v. Zahn

20060045 State of North Dakota, Plaintiff and Appellee
v.
Wayne Zahn, Defendant and Appellant

Appeal from: District Court, Southeast Judicial District, Dickey County
Judge John E. Greenwood
Nature of Action: Misc. Statutory Offense (Felony)
Counsel:
Appellant: TaLisa Ann Nemec
Appellee: Robert P. Bennett , Att. General Office
Term: 11/2006   Argument: 11/14/2006  10:00am
ND cite: 2007 ND 2
NW cite: 725 N.W.2d 894

Listen to recording of oral argument in MP3 format

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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Docket entries:
102/16/2006 NOTICE OF APPEAL: 02/14/2006
202/16/2006 ORDER FOR TRANSCRIPT: 02/14/2006
302/16/2006 THIS CASE IS CONSOLIDATED W/20060046 & 20060047 MAKE ALL ENTRIES EXCEPT DIS & MAN IN THIS CASE
403/16/2006 RECORD ON APPEAL & Exhibits 1-5
504/03/2006 TRANSCRIPT DATED August 31, 2005, and September 1, 2005
604/04/2006 DISK - transcript dated August 31, 2005, and September 1, 2005
704/04/2006 Certificate of Service of copies of transcript
804/24/2006 Supplemental Clerk's Certificate dated 4-21-06 (Entry Nos. 47-49)
904/27/2006 Supplemental Clerk's Certificate dated 4-26-06 (Entry No.50)
1005/02/2006 Supplemental Clerk's Certificate dated May 1, 2006 (Entry No. 51)
1105/12/2006 APPELLANT BRIEF (withdrawn) (See ATB filed 9-15-06)
1206/23/2006 MOTION FOR Order to Show Cause (sua sponte) (order enterd 6/21/06, but held for appendix receipt)
1306/23/2006 ACTION BY SUPREME COURT (If appendix is not received by June 28, Appellant's attorney must show. Granted
1406/23/2006 cause why the case should not be dismissed, personal sanctions issued, or other action
1506/27/2006 Appellant's Appendix (Withdrawn)(see replacement appendix filed on 9-15-06)
1606/27/2006 Reset due date for Appellee's Brief due to filing of Appellant's Appendix
1706/27/2006 ACTION BY CLERK. Granted: 07/31/2006
1807/11/2006 MOT. EXT/TIME APPELLEE BRIEF (letter dated July 10, 2006)
1907/11/2006 ACTION BY CLERK. Granted: 08/30/2006
2007/21/2006 Attorney's Certificate of Mail of proof of service of Appendix & Table of Contents on Mr. Narum
2108/15/2006 MOT. TO FILE SUPPLEMENTAL APPELLANT'S BRIEF AND EXTENSION OF TIME FOR FILING AND BRIEF IN SUPPPORT,
2208/15/2006 ACKNOWLEDGEMENT OF NOTICE OF APPELLANT'S MOTION FOR LEAVE TO SUBSTITUTE COUNSEL & PROPOSED ORDER
2308/15/2006 E-FILED MOTION (MAT)
2408/15/2006 ACTION BY CHIEF JUSTICE (MAT). Granted: 09/11/2006
2509/11/2006 MOTION FOR LEAVE TO SUBSTITUTE COUNSEL
2609/11/2006 E-FILED MOTION (Mot/Substitute/Counsel)
2709/11/2006 ACTION BY CLERK (Mot/Substitute/Counsel). Granted
2809/15/2006 APPELLANT BRIEF (Replacement ATB)
2909/15/2006 APPELLANT APPENDIX (Replacement ATA)
3009/18/2006 DISK - CD ROM (ATB)
3109/18/2006 Letter from Robert P. Bennett dated 9-15-06 advising that he will be representing State
3210/02/2006 APPELLEE BRIEF
3310/02/2006 DISK - AEB (e-mailed)
3410/24/2006 Affidavit of Talisa A. Nemec showing good cause why replacement ATB, filed 9-11-06, was late
3511/14/2006 APPEARANCES: TaLisa A. Nemec; Robert P. Bennett
3611/14/2006 ARGUED: Nemec; Bennett
3711/14/2006 ORAL ARGUMENT WEBCAST
3801/11/2007 DISPOSITION: AFFIRMED
3901/11/2007 UNANIMOUS OPINION: Kapsner, Carol Ronning
4001/11/2007 (Concur in the Result): Sandstrom, Dale V.: CONCUR
4101/12/2007 Judgment Mailed to Parties
4202/02/2007 MANDATE
4302/09/2007 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
4402/26/2007 Corrected Opinion Page

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