State v. Skarsgard

20060304 State of North Dakota, Plaintiff and Appellee
v.
Rockwell D. Skarsgard, Defendant and Appellant

Appeal from: District Court, Northwest Judicial District, Ward County
Judge David W. Nelson
Nature of Action: Dui/Dus
Counsel:
Appellant: Mark Samuel Douglas
Appellee: Mark Ashley Flagstad , Asst. State's Attorney
Term: 09/2007   Argument: 09/04/2007  11:00am
ND cite: 2007 ND 160
NW cite: 739 N.W.2d 786

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Issues: Appellant's Statement of the Issues:
1.Whether probable cause existed for the stop of Skarsgard's vehicle on September 8, 2005?
2.Whether the results of the blood test were erroneously admitted into evidence by the trial court?
3.Whether the bail set for Skarsgard was excessive?
4.Whether incarceration of Skarsgard in a facility which was not able to effectively meet his physical and medical needs was cruel and unusual punishment under the United States and North Dakota constitutions?
5.Whether the charges in this case against Skarsgard should have been dismissed based on his unlawful detention?
6.Whether based on an invalid arrest in this case due to a lack of probable cause, and in addition or in the alternative based on unlawful detention subsequent to arrest, all statements and physical evidence discovered as a result of the arrest or detention should have been suppressed?
7.Whether the trial court erred in refusing to grant a mistrial when a subsequent DUI offense was referenced in testimony?
8.Whether under the circumstances of this case, the District Court abused its discretion in issuing a one-year sentence for the DUI charge?

Appellee's Statement of the Issues:
1.Whether probable cause existed for the stop of Skarsgard's vehicle on September 8, 2005?
2.Whether the results of the blood test were erroneously admitted into evidence by the trial court?
3.Whether the bail set for Skarsgard was excessive?
4.Whether the incarceration of Skarsgard in the Ward County Jail facility was cruel and unusual punishment under the United State's and North Dakota Constitutions?
5.Whether the defendant, Rockwell Skarsgard was unlawfully detained?
6.Whether based on an invalid arrest or in the alternative, based on unlawful detention subsequent to arrest, all statements and physical evidence should have been suppressed?
7.Whether the trial court erred in refusing to grant a mistrial when a subsequent DUI offense was briefly mentioned in testimony?
8.Whether the District abused it's discretion in sentencing the defendant to a maximum sentence of one year for the DUI charge?

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Docket entries:
111/01/2006 NOTICE OF APPEAL: 10/30/2006
211/01/2006 (This case is consolidated w/20060305. Make all docket entries, except DIS & MAN, in this case)
311/06/2006 Amended Notice of Filing of the Notice of Appeal
411/21/2006 ORDER FOR TRANSCRIPT: 11/21/2006
511/30/2006 RECORD ON APPEAL, w/Separates (Entry Nos. 46, 52-58 and 64)
611/30/2006 ROA (05-K-2124/20060305) w/Separates (Entry Nos. 33, 38-44 & 50) Separates w/20060304 (05-K-2123)
712/06/2006 RETURN OF ROA TO DIST. CT.
812/19/2006 RECORD ON APPEAL RE-FILED AFTER RETURN FROM DST. CT. w/Separates (Entry Nos. 46, 52-58, & 64)
912/19/2006 ROA (05-K-2124/20060305) w/Separates (Entry Nos. 33, 38-44 & 50) Separates w/20060304 (05-K-2123)
1001/10/2007 MOT. EXT/TIME TRANSCRIPT
1101/10/2007 ACTION BY TRIAL COURT. Granted: 01/29/2007
1201/26/2007 MOT. EXT/TIME TRANSCRIPT
1301/29/2007 ACTION BY CHIEF JUSTICE (MTR). Granted: 03/12/2007
1403/13/2007 MOT. EXT/TIME TRANSCRIPT
1503/13/2007 ACTION BY CHIEF JUSTICE (MTR). Granted: 03/15/2007
1603/14/2007 TRANSCRIPT DATED 10/27/06
1703/14/2007 DISK-tra(10/27/06) electronic
1804/23/2007 APPELLANT BRIEF
1904/23/2007 E-FILED BRIEF (ATB)
2004/23/2007 APPELLANT APPENDIX
2104/23/2007 E-FILED APPENDIX (ATA)
2205/09/2007 Efiling surcharge received through inter-departmental billing (see Journal ID 461134)
2305/11/2007 Received 7 copies of ATB from Central Duplicating
2405/11/2007 Received 6 copies of ATA from Central Duplicating
2506/01/2007 MOT. EXT/TIME APPELLEE BRIEF
2606/01/2007 ACTION BY CLERK (MAE). Granted: 06/08/2007
2706/07/2007 APPELLEE BRIEF
2806/08/2007 DISK (AEB)
2909/04/2007 APPEARANCES: Mark S. Douglas; Mark A. Flagstad
3009/04/2007 ARGUED: Douglas; Flagstad
3109/04/2007 ORAL ARGUMENT WEBCAST
3210/16/2007 DISPOSITION: AFFIRMED
3310/16/2007 UNANIMOUS OPINION: Crothers
3410/17/2007 Order/Judgment e-mailed to Parties
3511/15/2007 MANDATE
3611/20/2007 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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