State v. Skarsgard

20070223 State of North Dakota, Plaintiff and Appellee
Rockwell Dean Skarsgard, Defendant and Appellant

Appeal from: District Court, North Central Judicial District, Ward County
Judge David W. Nelson
Nature of Action: Misc. Statutory Offense (Felony)
Appellant: Mark Samuel Douglas
Appellee: Mark Ashley Flagstad , Asst. State's Attorney
Term: 01/2008   Argument: 01/03/2008
ND cite: 2008 ND 31
NW cite: 745 N.W.2d 358

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
I.Whether the definition of "offense" at N.D.C.C. 12.1-01-04 (20) defining same as conduct for which a term of imprisonment or a fine is authorized by statute "after conviction", and the definition of "conviction" as defined at N.D.C.C. 39-06-30 defining same as a final order or judgment of conviction by the North Dakota Supreme Court, any lower court having jurisdiction, a tribal court, or a court in another state "provided that no appeal is pending" and the time for filing a notice of appeal has elapsed, means: (1) there was no "conviction" in this case, since there was an appeal pending at the time of the District Court Criminal Judgments dated October 30, 2006, and entered November 1, 2006; and by extension, that (2) all of the criteria for the existence of an "offense" did not exist?
II.Whether Skarsgard's Miranda rights were violated on May 18, 2006, by virtue of his having been questioned after he had been placed under arrest without having been read his Miranda rights?
III.Whether there is any basis for the charge of Resisting Arrest, when at time Skarsgard was reportedly Resisting Arrest he had not been told by the officer that he was under arrest, nor had he been read his Miranda rights, which should have been read to him at the time of any arrest?

Appellee's Statement of the Issues:
A. Whether the District Court properly used prior convictions of the defendant following jury trials to enhance the APC conviction in the present case to a class C Felony offense for sentencing purposes.
B. Whether the issue of Miranda Rights is an appealable issue in this case.
C. Whether there was a sufficient basis for the charge of Resisting Arrest in this case.

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Docket entries:
108/09/2007 NOTICE OF APPEAL: 08/07/2007
208/17/2007 ORDER FOR TRANSCRIPT: 08/16/2007
309/07/2007 RECORD ON APPEAL including separate exhibits and transcript dated July 13, 2006
410/02/2007 TRANSCRIPT DATED July 27, 2007
510/02/2007 DISK of tra dtd 7-27-07
611/09/2007 APPELLANT BRIEF (e-filed)
711/09/2007 E-FILED BRIEF (ATB)
811/09/2007 APPELLANT APPENDIX (e-filed) PDF
911/09/2007 E-FILED APPENDIX (ATA)
1011/19/2007 Received 7 copies of ATB from Central Duplicating Services
1111/19/2007 Received 6 copies of ATA from Central Duplicating Services
1211/21/2007 Received $25 efiling surcharge through IDB; see journal entry 0000560886
1412/10/2007 E-FILED MOTION (MAE, by facsimile)
1512/10/2007 ACTION BY CLERK (still on January term). Granted: 12/14/2007
1612/13/2007 APPELLEE BRIEF
1712/14/2007 Affidavit of Service by Mail of AEB on Mr. Douglas
1812/18/2007 Received copies of corrected TOA and page for Appellee Brief
1912/18/2007 DISK - AEB
2001/03/2008 APPEARANCES: Mark S. Douglas; Mark A. Flagstad
2101/03/2008 ARGUED: Douglas; Flagstgad
2402/21/2008 UNANIMOUS OPINION: Kapsner, Carol Ronning
2502/25/2008 Judgment e-mailed to Parties
2603/14/2008 MANDATE
2804/30/2018 EXPUNGED - Nonpermanent record items destroyed

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