State v. Haugen
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| 20070141 |
State of North Dakota, Plaintiff and Appellee
v.
Dennis Roy Haugen, Defendant and Appellant
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| Appeal from: |
District Court,
Northeast Central Judicial District,
Grand Forks County
Judge Karen Kosanda Braaten |
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Nature of Action: |
Misc. Statutory Off. (Misdemeanor)
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| Counsel: |
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| Term: |
11/2007 Argument: 11/01/2007 01:30pm
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| ND cite: |
2007 ND 195
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| NW cite: |
742 N.W.2d 796
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| Issues: |
Appellant's Statement of the Issues:
1.That the Court erred in holding that the charge of carrying a loaded firearm in vehicle was a strict liability offense to which no affirmative defense was permitted.
2.That the jury instructions, as read by the Court, failed to correctly and adequately inform the jury of the applicable law.
3.That the Court erred in denying the motion for new trial or, in the alternative, to vacate the conviction for carrying loaded firearm in vehicle.
Appellee's Statement of the Issues:
I. The Court properly held that the affirmative defense of necessity, justification and excuse was not applicable to the strict liability offense of Carrying Loaded Firearm in Vehicle.
II. The Court properly refused to submit an inapplicable instruction to the jury.
III. The Court properly denied Defendants motion for a new trial.
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| 1 | | 05/18/2007 | |
NOTICE OF APPEAL: 05/14/2007 |
| 2 | | 05/18/2007 | |
ORDER FOR TRANSCRIPT: 05/14/2007 |
| 3 | | 05/18/2007 | |
RETENTION OF RECORD ON APPEAL: 07/03/2007 |
| 4 | | 05/24/2007 | |
TRANSCRIPT DATED April 12, 2007 |
| 5 | | 05/29/2007 | |
DISK-tra (April 12, 2007) |
| 6 | | 05/29/2007 | |
Clerk's Certificate of Service of copies of Transcript dated 4/12/07. |
| 7 | | 06/01/2007 | |
RECORD ON APPEAL & transcripts dated 7-28-06 & 8-8-06 (Not rec'd: 26,45,47,54&70-steno notes; |
| 8 | | 06/01/2007 | |
#23-digital recording; 50-Exh.4--Gun; 52-Exh. 5--bullets; 53-Exh. 6--Drawing by Merl Mutcher; |
| 9 | | 06/01/2007 | |
and 55-Exh. 7--Drawing |
| 10 | | 07/02/2007 | |
MOT. EXT/TIME APPELLANT BRIEF (faxed) |
| 11 | | 07/02/2007 | |
E-FILED MOTION (MAT) |
| 12 | | 07/03/2007 | |
ACTION BY CLERK (MAT). Granted: 08/02/2007 |
| 13 | | 07/12/2007 | |
PARTIAL TRANSCRIPT DATED FEBRUARY 15, 2007 |
| 14 | | 07/16/2007 | |
DISK-(TRA-2/15/07) |
| 15 | | 07/16/2007 | |
CERTIFICATE OF SERVICE OF COPIES OF TRANSCRIPT |
| 16 | | 08/02/2007 | |
DISK (ATB) electronic |
| 17 | | 08/03/2007 | |
APPELLANT BRIEF |
| 18 | | 08/03/2007 | |
APPELLANT APPENDIX |
| 19 | | 08/15/2007 | |
APPELLEE BRIEF (PDF) |
| 20 | | 08/15/2007 | |
APPELLEE APPENDIX |
| 21 | | 08/15/2007 | |
E-FILED BRIEF - AEB |
| 22 | | 08/15/2007 | |
E-FILED APPENDIX - AEA |
| 23 | | 08/16/2007 | |
Affidavit of Service of AEB |
| 24 | | 08/16/2007 | |
Received $25 surcharge for AEB (Receipt #17653) |
| 25 | | 08/22/2007 | |
Received 7 copies of AEB from Central Duplicating |
| 26 | | 08/22/2007 | |
Received 6 copies of AEA from Central Duplicating |
| 27 | | 10/26/2007 | |
Consent to Appearance of Stephanie Weis under the Senior Practice Rule |
| 28 | | 10/29/2007 | |
Motion to waive oral argument on behalf of Appellee |
| 29 | | 10/29/2007 | |
ACTION BY CHIEF JUSTICE. Granted |
| 30 | | 11/01/2007 | |
APPEARANCES: Henry H. Howe; submitted on brief |
| 31 | | 11/01/2007 | |
ARGUED: Henry H. Howe; submitted on brief |
| 32 | | 11/01/2007 | |
ORAL ARGUMENT WEBCAST |
| 33 | | 12/13/2007 | |
DISPOSITION: AFFIRMED |
| 34 | | 12/13/2007 | |
UNANIMOUS OPINION: VandeWalle, Gerald W. |
| 35 | | 01/07/2008 | |
MANDATE |
| 36 | | 01/16/2008 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |