State v. Knight

20070047

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

Appeal from:

District Court, Southeast Judicial District, Barnes County
Judge John T. Paulson

Nature of Action:

Counsel:

Appellant:		Johnson, Ramstad & Mottinger, PLLP
Appellee:		Bradley Allen Cruff , State's Attorney

Term:

10/2007 Argument: 10/10/2007 04:00pm

ND cite:

2007 ND 155

NW cite:

742 N.W.2d 839

Issues:

Appellant's Statement of the Issues:
I. Whether the verdict is supported by the evidence at trial. II. Whether Defendant was unfairly prejudiced by the court's failure to decide the rule 29 motion that was made at the close of the state's case.

Appellee's Statement of the Issues:
I. Sufficient evidence was presented at trial warranting a conviction and the court properly weighed the evidence and the credibility of the witnesses before judgment.
II. Knight was not unfairly prejudiced by the trial court's explicit failure to rule on the rule 29 motion of the north dakota rules of criminal procedure made at the close of the state's case-in-chief.

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Docket entries:

1	02/14/2007	NOTICE OF APPEAL: 02/12/2007
2	02/26/2007	ORDER FOR TRANSCRIPT
3	02/26/2007	MOT. EXT/TIME TRANSCRIPT
4	02/26/2007	ACTION BY CHIEF DEPUTY CLERK (50 days from 2-23-07). Granted: 04/14/2007
5	02/26/2007	MOT. EXT/TIME APPELLANT BRIEF (part of Mot/Ext/File\TRA)
6	02/26/2007	ACTION BY CLERK (due 40 days after TRA is filed)
7	02/28/2007	RETENTION OF RECORD ON APPEAL: 04/14/2007
8	03/06/2007	TRANSCRIPT DATED October 20, 2005
9	03/08/2007	DISK - tra (10-20-05) (e-mailed)
10	04/13/2007	TRANSCRIPTS DATED 8-23-05; 4-12-06; 4-26-06; 8-24-06; 8-9-06; 8-10-06; 1-12-07
11	04/13/2007	DISK - TRANSCRIPTS DATED 8-23-05; 4-12-06; 4-26-06; 8-24-06; 8-9-06; 8-10-06; 1-12-07 (emailed)
12	04/16/2007	Certificate of Service of Copies of Transcript
13	04/19/2007	Certificate of Service of transcripts (LeAnn Schmidt)
14	05/23/2007	APPELLANT BRIEF
15	05/23/2007	APPELLANT APPENDIX
16	05/23/2007	DISK - ATB (e-mailed)
17	05/31/2007	MOT. EXT/TIME APPELLEE BRIEF
18	05/31/2007	ACTION BY CHIEF JUSTICE. Granted: 07/31/2007
19	06/04/2007	RECORD ON APPEAL w/Separates (Entry Nos. 65, 84, 90 & 93)
20	07/27/2007	APPELLEE BRIEF
21	07/27/2007	Addendum to Appellee's Brief
22	07/30/2007	DISK - aeb
23	08/02/2007	Affidavit of Service of AEB on counsel
24	09/25/2007	S.CT. DETERMINED ORAL ARGUMENT NOT NECESSARY
25	10/10/2007	APPEARANCES: Arguments were waived under N.D.R.App.P. 34(a)(2) and submitted on the briefs
26	10/10/2007	ARGUED: Arguments waived
27	10/16/2007	DISPOSITION: AFFIRMED BY SUMMARY DISP.
28	10/16/2007	UNANIMOUS OPINION: Per Curiam
29	10/17/2007	Judgment e-mailed to Parties
30	11/15/2007	MANDATE
31	11/20/2007	RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 12/01/2008