State v. Desjarlais
|
| 20070156 |
State of North Dakota, Plaintiff and Appellee
v.
Robert Desjarlais, Defendant and Appellant
|
| Appeal from: |
District Court,
Northwest Judicial District,
Williams County
Judge Gerald H. Rustad |
|
Nature of Action: |
Misc. Statutory Offense (Felony)
|
| Counsel: |
|
| Term: |
12/2007 Argument: 12/17/2007 02:45pm
|
| ND cite: |
2008 ND 13
|
| NW cite: |
744 N.W.2d 529
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
|
|
|
| Issues: |
Appellant's Statement of the Issues:
ISSUE I: When each of the three counts of reckless endangerment (under circumstances Manifesting extreme indifference to human life) essentially constitute the same offense, should the trial judge have instructed the jury on only one offense or in
the alternative at sentencing, emerged the three counts and sentenced for one offense?
ISSUE II: Whether there was sufficient evidence to convict Robert Desjarlais of the offenses charged.
Appellee's Statement of the Issues:
When each of the three counts of reckless endangerment (under circumstances manifesting extreme indifference to human life) essentially constitute the same offense, should the trial judge have instructed the jury on only one offense or in the
alternative at sentencing, emerged [sic] the three counts and sentenced for one offense?
Whether there was sufficient evidence to convict Robert Desjarlais of the offenses charged.
|
|
 Add Docket 20070156 RSS
|
| 1 | | 06/05/2007 | |
NOTICE OF APPEAL: 06/01/2007 |
| 2 | | 06/05/2007 | |
ORDER FOR TRANSCRIPT: 06/01/2007 |
| 3 | | 06/05/2007 | |
This matter is consolidated w/20070157; make all entries except DIS and MAN in this case |
| 4 | | 06/27/2007 | |
RETENTION OF RECORD ON APPEAL: 07/21/2007 |
| 5 | | 07/18/2007 | |
MOT. EXT/TIME TRANSCRIPT |
| 6 | | 07/18/2007 | |
ACTION BY TRIAL COURT (MTR). Granted: 09/01/2007 |
| 7 | | 08/24/2007 | |
TRANSCRIPT DATED 11/6/06, 5/3/07, & 5/4/07 |
| 8 | | 08/27/2007 | |
DISK-TRA(11/6/06, 5/3/07, & 5/4/07) |
| 9 | | 08/27/2007 | |
certificate of service of copies of transcript |
| 10 | | 08/30/2007 | |
Benjamin C. Pulkrabek is now court appointed counsel for Appellant Desjarlais |
| 11 | | 08/30/2007 | |
RECORD ON APPEAL including separate exhibits. Not sent was No. 65 (Def Exh A shoes) |
| 12 | | 10/02/2007 | |
APPELLANT BRIEF |
| 13 | | 10/02/2007 | |
Addendum attached to appellant's brief |
| 14 | | 10/02/2007 | |
APPELLANT APPENDIX |
| 15 | | 10/02/2007 | |
DISK - ATB |
| 16 | | 10/18/2007 | |
APPELLEE BRIEF (e-filed) |
| 17 | | 10/18/2007 | |
E-FILED BRIEF (AEB) |
| 18 | | 10/18/2007 | |
Affidavit of Service by E-Mail of AEB on opposing counsel |
| 19 | | 10/23/2007 | |
Received 7 copies of AEB from Central Duplicating |
| 20 | | 11/15/2007 | |
Received $25 e-filing surcharge for AEB (Receipt #17917) |
| 21 | | 11/30/2007 | |
ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning |
| 22 | | 12/03/2007 | |
SITTING WITH THE COURT: Hodny, William F. |
| 23 | | 12/17/2007 | |
APPEARANCES: Benjamin C. Pulkrabek; Nicole E. Foster |
| 24 | | 12/17/2007 | |
ARGUED: Pulkrabek; Foster |
| 25 | | 12/17/2007 | |
ORAL ARGUMENT WEBCAST |
| 26 | | 01/11/2008 | |
1st Supplemental Clerk's Certificate of Record dated 1-10-08 (Entry Nos. 80-81) |
| 27 | | 01/22/2008 | |
DISPOSITION: AFFIRMED |
| 28 | | 01/22/2008 | |
UNANIMOUS OPINION: Sandstrom, Dale V. |
| 29 | | 01/22/2008 | |
Judgment e-mailed to Parties |
| 30 | | 02/13/2008 | |
MANDATE |
| 31 | | 02/15/2008 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |