State v. Streeper
State of North Dakota, Plaintiff and Appellee
Mark Streeper, Defendant and Appellant
South Central Judicial District,
Judge Bruce B. Haskell
|Nature of Action:||Homicide|
|Term:||11/2006  Argument: 11/13/2006|
|ND cite:||2007 ND 25|
727 N.W.2d 759
Listen to recording of oral argument in MP3 format
Appellant's Statement of the Issues:|
1. Did the court err when it permitted the State to introduce evidence of recklessness by the defendant's failure to render aid to A.B.?
2. Did the trial court err in failing to instruct the jury on the lesser included offense of misdemeanor reckless endangerment?
3. Did the trial court err when it permitted detective Gaddis to testify as an expert in the analysis of digital photographs?
4. Did the court err when it refused to grant Streeper's Rule 29 Motion on the basis of the States' failure to establish a prima facie case of causation?
5. Did the court err when it permitted the use of certain photographs of the victim to be introduced for impeaching the defendant's credibility prior to his testimony?
Appellee's Statement of the Issues:
I. Whether the trial court erred by allowing the State to argue that failure of Mark Streeper to render aid after injecting A.B. with controlled substances was reckless as to the manslaughter charge.
II. Whether the trial court properly instructed the jury on the lesser-included offense of reckless endangerment.
III. Whether expert testimony was necessary to establish the date and time digital photographs were taken by Mark Streeper.
IV. Whether the trial court erred in receiving the digital photographs into evidence.
V. Whether there was sufficient evidence to sustain a verdict of guilty as to manslaughter.
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|1||06/02/2006 NOTICE OF APPEAL: 05/24/2006|
|2||06/02/2006 ORDER FOR TRANSCRIPT (Lisa Schmidt): 05/24/2006|
|3||06/07/2006 RETENTION OF RECORD ON APPEAL: 07/13/2006|
|4||06/27/2006 RECORD ON APPEAL including separate P.S.I. Not sent were Nos 16 and 65 (Court Reptr Notes & Tapes)|
|5||07/11/2006 TRANSCRIPTS DATED Feb. 27, Feb. 28, March 1, and May 5, 2006.|
|6||07/11/2006 DISK - TRA's Feb 27, 28, Mar 1 & May 5, 2006 (e-mailed)|
|7||07/31/2006 Faxed message from Kent Morrow w/attached copy of Notice of Appointment as counsel dated 5-26-06|
|8||08/17/2006 APPELLANT BRIEF|
|9||08/17/2006 APPELLANT APPENDIX|
|10||08/17/2006 DISK - ATB (e-mailed)|
|11||09/14/2006 MOT. EXT/TIME APPELLEE BRIEF (faxed)|
|12||09/14/2006 E-FILED MOTION (MAE)|
|13||09/14/2006 ACTION BY Chief Deputy CLERK. Granted: 09/29/2006|
|14||09/20/2006 Transcript of Prosecutor's Closing Arguments dated 3-1-06|
|15||09/20/2006 DISK - (e-mailed) (TRA of Prosecutor's Closing Arguments dated 3-1-06)|
|16||09/29/2006 APPELLEE BRIEF|
|17||09/29/2006 DISK - AEB (e-mailed)|
|18||11/13/2006 APPEARANCES: Kent M. Morrow; Cynthia M. Feland|
|19||11/13/2006 ARGUED: Morrow; Feland|
|20||11/13/2006 ORAL ARGUMENT WEBCAST|
|21||02/28/2007 DISPOSITION: AFFIRMED|
|22||02/28/2007 UNANIMOUS OPINION: Sandstrom, Dale V.|
|23||03/01/2007 Judgment Mailed to Parties|
|25||04/19/2007 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|
|26||10/11/2016 EXPUNGED - Nonpermanent record items destroyed|