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:

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:

1	11/01/2006	NOTICE OF APPEAL: 10/30/2006
2	11/01/2006	(This case is consolidated w/20060305. Make all docket entries, except DIS & MAN, in this case)
3	11/06/2006	Amended Notice of Filing of the Notice of Appeal
4	11/21/2006	ORDER FOR TRANSCRIPT: 11/21/2006
5	11/30/2006	RECORD ON APPEAL, w/Separates (Entry Nos. 46, 52-58 and 64)
6	11/30/2006	ROA (05-K-2124/20060305) w/Separates (Entry Nos. 33, 38-44 & 50) Separates w/20060304 (05-K-2123)
7	12/06/2006	RETURN OF ROA TO DIST. CT.
8	12/19/2006	RECORD ON APPEAL RE-FILED AFTER RETURN FROM DST. CT. w/Separates (Entry Nos. 46, 52-58, & 64)
9	12/19/2006	ROA (05-K-2124/20060305) w/Separates (Entry Nos. 33, 38-44 & 50) Separates w/20060304 (05-K-2123)
10	01/10/2007	MOT. EXT/TIME TRANSCRIPT
11	01/10/2007	ACTION BY TRIAL COURT. Granted: 01/29/2007
12	01/26/2007	MOT. EXT/TIME TRANSCRIPT
13	01/29/2007	ACTION BY CHIEF JUSTICE (MTR). Granted: 03/12/2007
14	03/13/2007	MOT. EXT/TIME TRANSCRIPT
15	03/13/2007	ACTION BY CHIEF JUSTICE (MTR). Granted: 03/15/2007
16	03/14/2007	TRANSCRIPT DATED 10/27/06
17	03/14/2007	DISK-tra(10/27/06) electronic
18	04/23/2007	APPELLANT BRIEF
19	04/23/2007	E-FILED BRIEF (ATB)
20	04/23/2007	APPELLANT APPENDIX
21	04/23/2007	E-FILED APPENDIX (ATA)
22	05/09/2007	Efiling surcharge received through inter-departmental billing (see Journal ID 461134)
23	05/11/2007	Received 7 copies of ATB from Central Duplicating
24	05/11/2007	Received 6 copies of ATA from Central Duplicating
25	06/01/2007	MOT. EXT/TIME APPELLEE BRIEF
26	06/01/2007	ACTION BY CLERK (MAE). Granted: 06/08/2007
27	06/07/2007	APPELLEE BRIEF
28	06/08/2007	DISK (AEB)
29	09/04/2007	APPEARANCES: Mark S. Douglas; Mark A. Flagstad
30	09/04/2007	ARGUED: Douglas; Flagstad
31	09/04/2007	ORAL ARGUMENT WEBCAST
32	10/16/2007	DISPOSITION: AFFIRMED
33	10/16/2007	UNANIMOUS OPINION: Crothers
34	10/17/2007	Order/Judgment e-mailed to Parties
35	11/15/2007	MANDATE
36	11/20/2007	RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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