State v. Haugen

20070141 State of North Dakota, Plaintiff and Appellee
v.
Dennis Roy Haugen, Defendant and Appellant

Appeal from: District Court, Northeast Central Judicial District, Grand Forks County
Judge Karen Kosanda Braaten
Nature of Action: Misc. Statutory Off. (Misdemeanor)
Counsel:
Appellant: Howe & Seaworth
Appellee: Carmell Faye Mattison , Asst. State's Attorney
Term: 11/2007   Argument: 11/01/2007  1:30pm
ND cite: 2007 ND 195
NW cite: 742 N.W.2d 796

Listen to recording of oral argument in MP3 format

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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Docket entries:
105/18/2007 NOTICE OF APPEAL: 05/14/2007
205/18/2007 ORDER FOR TRANSCRIPT: 05/14/2007
305/18/2007 RETENTION OF RECORD ON APPEAL: 07/03/2007
405/24/2007 TRANSCRIPT DATED April 12, 2007
505/29/2007 DISK-tra (April 12, 2007)
605/29/2007 Clerk's Certificate of Service of copies of Transcript dated 4/12/07.
706/01/2007 RECORD ON APPEAL & transcripts dated 7-28-06 & 8-8-06 (Not rec'd: 26,45,47,54&70-steno notes;
806/01/2007 #23-digital recording; 50-Exh.4--Gun; 52-Exh. 5--bullets; 53-Exh. 6--Drawing by Merl Mutcher;
906/01/2007 and 55-Exh. 7--Drawing
1007/02/2007 MOT. EXT/TIME APPELLANT BRIEF (faxed)
1107/02/2007 E-FILED MOTION (MAT)
1207/03/2007 ACTION BY CLERK (MAT). Granted: 08/02/2007
1307/12/2007 PARTIAL TRANSCRIPT DATED FEBRUARY 15, 2007
1407/16/2007 DISK-(TRA-2/15/07)
1507/16/2007 CERTIFICATE OF SERVICE OF COPIES OF TRANSCRIPT
1608/02/2007 DISK (ATB) electronic
1708/03/2007 APPELLANT BRIEF
1808/03/2007 APPELLANT APPENDIX
1908/15/2007 APPELLEE BRIEF (PDF)
2008/15/2007 APPELLEE APPENDIX
2108/15/2007 E-FILED BRIEF - AEB
2208/15/2007 E-FILED APPENDIX - AEA
2308/16/2007 Affidavit of Service of AEB
2408/16/2007 Received $25 surcharge for AEB (Receipt #17653)
2508/22/2007 Received 7 copies of AEB from Central Duplicating
2608/22/2007 Received 6 copies of AEA from Central Duplicating
2710/26/2007 Consent to Appearance of Stephanie Weis under the Senior Practice Rule
2810/29/2007 Motion to waive oral argument on behalf of Appellee
2910/29/2007 ACTION BY CHIEF JUSTICE. Granted
3011/01/2007 APPEARANCES: Henry H. Howe; submitted on brief
3111/01/2007 ARGUED: Henry H. Howe; submitted on brief
3211/01/2007 ORAL ARGUMENT WEBCAST
3312/13/2007 DISPOSITION: AFFIRMED
3412/13/2007 UNANIMOUS OPINION: VandeWalle, Gerald W.
3501/07/2008 MANDATE
3601/16/2008 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 09/23/2014