State v. Falconer
State of North Dakota, Plaintiff and Appellee
William Falconer, Defendant and Appellant
South Central Judicial District,
Judge Robert O. Wefald
|Nature of Action:||Drugs/Contraband|
|Term:||03/2007  Argument: 03/27/2007|
|ND cite:||2007 ND 89|
732 N.W.2d 703
Listen to recording of oral argument in MP3 format
Appellant's Statement of the Issues:|
1. Did the trial court err when it permitted the State to issue a grant of use immunity?
2. Did the trial court err when it failed to give Falconer's requested jury instruction of self defense?
3. Did the State establish sufficient corroboration of Niska's testimony as an accomplice?
4. Was there sufficient evidence to sustain a conviction of aggravated assault?
Appellee's Statement of the Issues:
1. Whether the Trial Court Erred in Permitting the State to Grant Immunity to a Fact Witness?
2. Whether the Trial Court Erred When it Refused to Give the Jury Instruction on Self-Defense?
3. Whether There was Sufficient Evidence for the Jury to Convict the Defendant of Possession of Methamphetamine with Intent to Deliver, Possession of Methamphetamine and Possession of Drug Paraphernalia?
4. Whether There was Sufficient Evidence for the Jury to Convict the Defendant of Aggravated Assault?
|Add Docket 20060210 RSS|
|1||07/28/2006 NOTICE OF APPEAL: 07/27/2006|
|2||07/28/2006 ORDER FOR TRANSCRIPT: 07/27/2006|
|3||08/28/2006 Letter (undated) from Mr. Falconer re: change of address|
|4||09/14/2006 MOT. EXT/TIME TRANSCRIPT|
|5||09/14/2006 ACTION BY TRIAL COURT (MTR). Granted: 10/25/2006|
|6||10/23/2006 TRANSCRIPTS DATED March 28 & March 29, 2006 (2 Vol.), and July 13, 2006|
|7||10/23/2006 DISK - TRA March 28 & March 29, 2006 (e-mailed)|
|8||10/24/2006 RECORD ON APPEAL INCLUDING SEPARATES (ENTRY NOS. 20, & 41), NOT REC'D (ENTRY NOS. 38 & 43)|
|9||11/22/2006 MOT. EXT/TIME APPELLANT BRIEF|
|10||11/22/2006 ACTION BY CLERK (MAT). Granted: 01/03/2007|
|11||11/22/2006 E-FILED MOTION for Extension of Time to File Appellant's Brief|
|12||12/28/2006 APPELLANT BRIEF|
|13||12/28/2006 APPELLANT APPENDIX|
|14||12/28/2006 DISK of ATB (e-mailed)|
|15||01/30/2007 APPELLEE BRIEF|
|16||01/30/2007 DISK - AEB (e-mailed)|
|17||03/27/2007 APPEARANCES: Kent M. Morrow; Tyrone J. Turner|
|18||03/27/2007 ARGUED: Morrow; Turner|
|19||03/27/2007 ORAL ARGUMENT WEBCAST|
|20||06/07/2007 DISPOSITION (AND REMANDED): AFFIRMED/PT, REVERSED/PT|
|21||06/07/2007 UNANIMOUS OPINION: Crothers, Daniel John|
|22||06/08/2007 Judgment Mailed to Parties|
|24||07/05/2007 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|
|25||10/20/2016 EXPUNGED - Nonpermanent record items destroyed|