State v. Streeper

20060162 State of North Dakota, Plaintiff and Appellee
v.
Mark Streeper, Defendant and Appellant

Appeal from: District Court, South Central Judicial District, Burleigh County
Judge Bruce B. Haskell
Nature of Action: Homicide
Counsel:
Appellant: Kent M. Morrow
Appellee: Julie Ann Lawyer , Asst. State's Attorney
Appellee: Cynthia Mae Feland , Asst. State's Attorney
Term: 11/2006   Argument: 11/13/2006  9:30am
ND cite: 2007 ND 25
NW cite: 727 N.W.2d 759

Listen to recording of oral argument in MP3 format

Issues: 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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Docket entries:
106/02/2006 NOTICE OF APPEAL: 05/24/2006
206/02/2006 ORDER FOR TRANSCRIPT (Lisa Schmidt): 05/24/2006
306/07/2006 RETENTION OF RECORD ON APPEAL: 07/13/2006
406/27/2006 RECORD ON APPEAL including separate P.S.I. Not sent were Nos 16 and 65 (Court Reptr Notes & Tapes)
507/11/2006 TRANSCRIPTS DATED Feb. 27, Feb. 28, March 1, and May 5, 2006.
607/11/2006 DISK - TRA's Feb 27, 28, Mar 1 & May 5, 2006 (e-mailed)
707/31/2006 Faxed message from Kent Morrow w/attached copy of Notice of Appointment as counsel dated 5-26-06
808/17/2006 APPELLANT BRIEF
908/17/2006 APPELLANT APPENDIX
1008/17/2006 DISK - ATB (e-mailed)
1109/14/2006 MOT. EXT/TIME APPELLEE BRIEF (faxed)
1209/14/2006 E-FILED MOTION (MAE)
1309/14/2006 ACTION BY Chief Deputy CLERK. Granted: 09/29/2006
1409/20/2006 Transcript of Prosecutor's Closing Arguments dated 3-1-06
1509/20/2006 DISK - (e-mailed) (TRA of Prosecutor's Closing Arguments dated 3-1-06)
1609/29/2006 APPELLEE BRIEF
1709/29/2006 DISK - AEB (e-mailed)
1811/13/2006 APPEARANCES: Kent M. Morrow; Cynthia M. Feland
1911/13/2006 ARGUED: Morrow; Feland
2011/13/2006 ORAL ARGUMENT WEBCAST
2102/28/2007 DISPOSITION: AFFIRMED
2202/28/2007 UNANIMOUS OPINION: Sandstrom, Dale V.
2303/01/2007 Judgment Mailed to Parties
2403/26/2007 MANDATE
2504/19/2007 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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