State v. Falconer

20060210 State of North Dakota, Plaintiff and Appellee
v.
William Falconer, Defendant and Appellant

Appeal from: District Court, South Central Judicial District, Burleigh County
Judge Robert O. Wefald
Nature of Action: Drugs/Contraband
Counsel:
Appellant: Kent M. Morrow
Appellee: Tyrone Jay Turner , Asst. State's Attorney
Term: 03/2007   Argument: 03/27/2007  9:30am
ND cite: 2007 ND 89
NW cite: 732 N.W.2d 703

Listen to recording of oral argument in MP3 format

Issues: 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?

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Docket entries:
107/28/2006 NOTICE OF APPEAL: 07/27/2006
207/28/2006 ORDER FOR TRANSCRIPT: 07/27/2006
308/28/2006 Letter (undated) from Mr. Falconer re: change of address
409/14/2006 MOT. EXT/TIME TRANSCRIPT
509/14/2006 ACTION BY TRIAL COURT (MTR). Granted: 10/25/2006
610/23/2006 TRANSCRIPTS DATED March 28 & March 29, 2006 (2 Vol.), and July 13, 2006
710/23/2006 DISK - TRA March 28 & March 29, 2006 (e-mailed)
810/24/2006 RECORD ON APPEAL INCLUDING SEPARATES (ENTRY NOS. 20, & 41), NOT REC'D (ENTRY NOS. 38 & 43)
911/22/2006 MOT. EXT/TIME APPELLANT BRIEF
1011/22/2006 ACTION BY CLERK (MAT). Granted: 01/03/2007
1111/22/2006 E-FILED MOTION for Extension of Time to File Appellant's Brief
1212/28/2006 APPELLANT BRIEF
1312/28/2006 APPELLANT APPENDIX
1412/28/2006 DISK of ATB (e-mailed)
1501/30/2007 APPELLEE BRIEF
1601/30/2007 DISK - AEB (e-mailed)
1703/27/2007 APPEARANCES: Kent M. Morrow; Tyrone J. Turner
1803/27/2007 ARGUED: Morrow; Turner
1903/27/2007 ORAL ARGUMENT WEBCAST
2006/07/2007 DISPOSITION (AND REMANDED): AFFIRMED/PT, REVERSED/PT
2106/07/2007 UNANIMOUS OPINION: Crothers, Daniel John
2206/08/2007 Judgment Mailed to Parties
2306/29/2007 MANDATE
2407/05/2007 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 10/31/2014