State v. Curtis
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| 20070249 |
State of North Dakota, Plaintiff and Appellee
v.
Edward Dana Curtis, Defendant and Appellant
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| Appeal from: |
District Court,
East Central Judicial District,
Cass County
Judge Burt L. Riskedahl |
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Nature of Action: |
Misc. Statutory Off. (Misdemeanor)
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| Counsel: |
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| Term: |
01/2008 Argument: 01/08/2008 01:30pm
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| ND cite: |
2008 ND 93
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| NW cite: |
748 N.W.2d 709
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| Issues: |
Appellant's Statement of the Issues:
I. Whether the statements Defendant made in the email are constitutionally protected speech?
II. Whether the evidence was sufficient as a matter of law to support the Defendant's conviction of harassment?
Appellee's Statement of the Issues:
I. Whether the conduct of the Defendant intentionally faxing unsolicited, unwanted, and threatening materials for the sole purpose of harassing a reluctant listener and private citizen is constitutionally protected.
II. Whether a reasonable fact finder viewing the evidence in the light most favorable to the State could have concluded there was sufficient evidence to support the Defendant's conviction for Harassment in violation of North Dakota Century Code
12.1-17-07(1)(a).
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| 1 | | 08/27/2007 | |
NOTICE OF APPEAL: 08/23/2007 |
| 2 | | 08/27/2007 | |
ORDER FOR TRANSCRIPT: 08/23/2007 |
| 3 | | 09/12/2007 | |
Transcript dated February 2, 2007 |
| 4 | | 09/13/2007 | |
Certificate of Service, dated 9-12-07, showing service of TRA dated 2-2-07 |
| 5 | | 09/20/2007 | |
RETENTION OF RECORD ON APPEAL (Vicky Matthys): 10/12/2007 |
| 6 | | 09/28/2007 | |
Transcripts dated January 12, 2007, April 4, 2007, & June 7, 2007 |
| 7 | | 09/28/2007 | |
DISK - TRA (1/12/07, 4/4/07, & 6/7/07) |
| 8 | | 10/01/2007 | |
Certificate of Service of copies of transcripts (1/12/07, 4/4/07, & 6/7/07) |
| 9 | | 10/05/2007 | |
Corrected cover for TRA of Feb 2, 2007 received. |
| 10 | | 10/05/2007 | |
DISK - Corrected TRA 2-2-07 (emailed) |
| 11 | | 10/12/2007 | |
TRANSCRIPTS DATED August 16, 2007 (Jury Trial) & August 16, 2007 (Proceedings) |
| 12 | | 10/12/2007 | |
DISK of transcripts dated 8-16-07 (e-mailed) |
| 13 | | 10/17/2007 | |
RECORD ON APPEAL w/Separates (Entry Nos. 22 & 72). Not rec'd CR Tapes (Entry Nos. 3,11,25,48 & 66) |
| 14 | | 11/16/2007 | |
APPELLANT BRIEF (e-filed) |
| 15 | | 11/16/2007 | |
E-FILED BRIEF (ATB) |
| 16 | | 11/16/2007 | |
APPELLANT APPENDIX (e-filed) |
| 17 | | 11/16/2007 | |
E-FILED APPENDIX (ATA) |
| 18 | | 11/21/2007 | |
Received copies of Appellant's Brief from Central Duplicating Services |
| 19 | | 11/21/2007 | |
Received copies of Appellant's Appendix from Central Duplicating Services |
| 20 | | 12/10/2007 | |
Efiling surcharge $28 for ATB & ATA through Interdepartmental Billing--No. 569578 |
| 21 | | 12/17/2007 | |
APPELLEE BRIEF (e-filed) |
| 22 | | 12/17/2007 | |
E-FILED BRIEF (AEB) |
| 23 | | 12/19/2007 | |
Received $25 surcharge (Receipt No. 17958) |
| 24 | | 12/27/2007 | |
Received 7 copies of AEB from Central Duplicating. |
| 25 | | 12/27/2007 | |
REPLY BRIEF of Appellant (E-filed) |
| 26 | | 12/27/2007 | |
E-FILED BRIEF (RYB) |
| 27 | | 12/27/2007 | |
Affidavit of Service of RYB on opposing counsel |
| 28 | | 12/28/2007 | |
Made 7 copies of RYB |
| 29 | | 01/08/2008 | |
APPEARANCES: Daniel J. Borgen; Cherie L. Clark |
| 30 | | 01/08/2008 | |
ARGUED: Borgen; Clark |
| 31 | | 01/08/2008 | |
ORAL ARGUMENT WEBCAST |
| 32 | | 05/15/2008 | |
DISPOSITION: AFFIRMED |
| 33 | | 05/15/2008 | |
UNANIMOUS OPINION: Crothers, Daniel John |
| 34 | | 05/16/2008 | |
Order/Judgment Mailed to Parties |
| 35 | | 06/06/2008 | |
MANDATE |
| 36 | | 06/10/2008 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |