State v. Carlsen

20070126 State of North Dakota, Plaintiff and Appellee
v.
Cody G. Carlsen, Defendant and Appellant
Appeal from: District Court, Northwest Judicial District, Williams County
Judge Gerald H. Rustad
Nature of Action: Misc. Statutory Offense (Felony)
Counsel:
Appellant: Benjamin C. Pulkrabek
Appellee: Nicole Ellan Foster , State's Attorney
Term: 01/2008   Argument: 01/14/2008  10:45am
ND cite: 2008 ND 16
NW cite: 747 N.W.2d 136

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Issues: Appellant's Statement of the Issues:
ISSUE I: When a jury in deliberation sends a note to the trial judge requesting a definition of extreme, and a question the trial judge doesn=t understand, did the trial judge err by declining to give the jury a definition of extreme and not asking the jury to more clearly define the question?
ISSUE II. Whether there was sufficient evidence to convict Cody Carlsen of the offense of Reckless Endangerment (Under Circumstances Manifesting Extreme Indifference to Value of Human Life)?

Appellee's Statement of the Issues:
1.When a jury in deliberation sends a note to the trial judge requesting a definition of extreme, and a question the trial judge doesn't understand, did the trial judge err by declining to give the jury a definition of extreme and not asking the jury to more clearly define the question?
2.Whether there was sufficient evidence to convict Cody G. Carlsen of the offense of Reckless Endangerment (Under Circumstances Manifesting Extreme Indifference to Value of Human Life)?

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Docket entries:
105/07/2007 NOTICE OF APPEAL: 04/30/2007
205/07/2007 ORDER FOR TRANSCRIPT: 04/30/2007
305/18/2007 AMENDED NOTICE OF APPEAL
405/24/2007 RETENTION OF RECORD ON APPEAL: 06/19/2007
506/12/2007 MOT. EXT/TIME TRANSCRIPT
606/12/2007 ACTION BY TRIAL COURT. Granted: 07/09/2007
707/03/2007 TRANSCRIPT DATED March 29, 2007
807/05/2007 Certificate of Service dated 7-3-07 of Transcript
907/05/2007 DISK - tra (3-29-07)
1007/09/2007 RECORD ON APPEAL & SEPARATES (ENRTY NOS. 10, 31, & 32).
1107/13/2007 MOT. EXT/TIME/REMAINING/TRANSCRIPT (Part of Mot/Ext/ATB)
1207/13/2007 ACTION BY CLERK (MTR). Granted: 08/22/2007
1307/13/2007 MOT. EXT/TIME APPELLANT BRIEF
1407/13/2007 ACTION BY CLERK (MAT) (ATB is due 40 days after remaining Transcripts are filed). Granted
1507/23/2007 Clerk's First Supplemental Cert. of Record on Appeal with entries 30, 33-35 and 55 attached
1607/23/2007 Clerk's Second Supplemental Cert. of Record on Appeal with entries 56-57 attached
1709/05/2007 Clerk's Third Supplemental Certificate of Record (Entry Nos. 58-66).
1809/21/2007 MOT. EXT/TIME TRANSCRIPT
1909/21/2007 ACTION BY CHIEF JUSTICE. Granted: 10/01/2007
2009/21/2007 TRANSCRIPT DATED MARCH 29, 2007 & APRIL 2, 2007 (ALL IN ONE VOLUME)
2109/24/2007 DISK-TRA (3/29/07 & 4/2/07)
2209/24/2007 CERTIFICATE OF SERVICE OF COPIES OF TRANSCRIPTS
2309/24/2007 Clerk's Fourth Supplemental Certificate of Record (Entry Nos. 67-68).
2410/26/2007 APPELLANT BRIEF
2510/26/2007 APPELLANT APPENDIX
2610/26/2007 DISK - ATB (e-mailed)
2711/15/2007 Received $25 e-filing surcharge for AEB (Receipt #17920)
2811/20/2007 APPELLEE BRIEF (e-filed)
2911/20/2007 E-FILED BRIEF (AEB)
3011/26/2007 Received copies of AEB from Central Duplicating
3101/14/2008 APPEARANCES: Benjamin C. Pulkrabek; Nicole E. Foster
3201/14/2008 ARGUED: Pulkrabek; Foster
3301/14/2008 ORAL ARGUMENT WEBCAST
3402/04/2008 DISPOSITION: AFFIRMED BY SUMMARY DISP.
3502/04/2008 UNANIMOUS OPINION: Per Curiam
3602/04/2008 Judgment E-Mailed to Parties
3702/14/2008 PETITION FOR REHEARING
3802/14/2008 DISK(PER) electronic
3902/21/2008 ACTION BY SUPREME COURT. Denied
4003/05/2008 MANDATE
4103/12/2008 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 12/01/2008