State v. Curtis

20070250 State of North Dakota, Plaintiff and Appellee
Edward Dana Curtis, Defendant and Appellant

Appeal from: District Court, East Central Judicial District, Cass County
Judge Burt L. Riskedahl
Nature of Action: Misc. Statutory Offense (Felony)
Appellant: Daniel James Borgen
Appellee: Gary Lee Delorme , Asst. State's Attorney
Term: 01/2008   Argument: 01/08/2008
ND cite: 2008 ND 108
NW cite: 750 N.W.2d 438

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
I.Was Mr. Curtis denied his constitutional right to a fair trial in violation of the fifth, sixth, and fourteenth amendments of the United States Constitution and of Section 13 of the North Dakota Constitution when he did not receive assistance in subpoenaing his witnesses?
II.Did the trial court erred, as a matter of law, in allowing Mr. Curtis' criminal proceeding to continue when the matter should have been adjudicated civilly?
III.Was the evidence sufficient as a matter of law to support the defendant's conviction of theft of property?
IV.Was the conviction obtained against the weight of the evidence so as to require that the conviction be overturned?

Appellee's Statement of the Issues:
I. Whether the district court properly declined to give additional aid in issuing subpoenas for witnesses after the court had been informed by stand-by counsel that the requested witnesses could not provide relevant testimony to the issue of Theft?
II. Whether the district court properly declined to apply the Civil Dispute Doctrine when there was neither a unique property law issue nor an issue traditionally settled in a civil forum?
III. Whether the district court properly exercised its discretion in denying the Appellant's Rule 29 motion for acquittal when the court, after viewing the evidence in a light most favorable to the prosecution, found that there was sufficient evidence for which a reasonable jury could find guilt beyond a reasonable doubt?
IV. Whether the issue of "weight of the evidence" is waived or not properly preserved for appeal absent a timely Rule 33 motion for a new trial submitted at the district court level?

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Docket entries:
108/27/2007 NOTICE OF APPEAL: 08/23/2007
208/27/2007 ORDER FOR TRANSCRIPT: 08/23/2007
309/05/2007 TRANSCRIPT DATED July 30, 2007
409/06/2007 DISK - TRA 7-30-07
609/13/2007 Dan Borgen has been appointed as counsel for Appellant Edward Curtis.
709/20/2007 RETENTION OF RECORD ON APPEAL (Vicky Matthys): 10/12/2007
809/28/2007 Transcripts dated 4/7/06, 4/13/06, 5/4/06, 6/28/06, 7/26/06, 9/11/06, 9/20/06, 10/18/06, 10/20/06,
909/28/2007 1/12/07, 4/4/07, & 6/7/07
1009/28/2007 DISK-tra(4/7/06,4/13/06, 5/4/06, 6/28/06, 7/26/06, 9/11/06, 9/20/06, 10/18/06, 10/20/06,
1109/28/2007 1/12/07, 4/4/07, & 6/7/07)
1210/01/2007 Certificate of Service of copies of Transcripts filed 9/28/07.
1410/05/2007 DISK - Corrected TRA 2-2-07 (emailed)
1510/12/2007 TRANSCRIPTS DATED August 14, 2007 and one cc of transcript dated August 16, 2007 (Proceedings)
1610/12/2007 DISK - TRAs of 8-14-07 & 8-16-07
1710/17/2007 RECORD ON APPEAL w/Separates (Entry Nos. 79, 122, & 139) (also filed in 20070333)
1810/17/2007 Not rec'd-CR Tapes (Entry Nos. 16, 20, 23, 28, 37, 40, 46, 64, 70, 82, 101, 118, 141-143, 157 & 163
1911/05/2007 Transcript of Revocation of Probation Hearing dated 9-13-07 (1 copy filed in 20070333)
2011/05/2007 DISK - tra (9-13-07) (E-MAILED)
2111/06/2007 Certificate of Service of Copies of 9/13/07 transcript
2211/15/2007 Clerk's Supp. Certificate of Record on Appeal dated November 13, 2007, w/ entries 173-179 attached
2311/16/2007 APPELLANT BRIEF (e-filed)
2411/16/2007 E-FILED BRIEF (ATB)
2511/16/2007 APPELLANT APPENDIX (e-filed)
2611/16/2007 E-FILED APPENDIX (ATA)
2711/21/2007 Received copies of Appellant's Brief from Central Duplicating Services
2811/21/2007 Received copies of Appellant's Brief from Central Duplicating Services
2912/10/2007 Efiling surcharge $60 for ATB & ATA through Interdepartmental Billing--No. 569578
3012/17/2007 APPELLEE BRIEF (e-filed)
3112/17/2007 E-FILED BRIEF (AEB)
3212/19/2007 Received $25 surcharge for AEB (Receipt No. 17959)
3312/21/2007 REPLY BRIEF (e-filed)
3412/21/2007 E-FILED BRIEF (RYB)
3512/27/2007 Received 7 copies of AEB from Central Duplicating.
3612/27/2007 Received corrected Table of Authorities and corrected pages for the Reply Brief
3712/28/2007 Received 7 copies of RYB from Central Duplicating
3801/08/2008 APPEARANCES: Daniel J. Borgen; Gary L. Delorme
3901/08/2008 ARGUED: Borgen; Delorme
4206/05/2008 UNANIMOUS OPINION: VandeWalle, Gerald W.
4306/06/2008 Judgment E-Mailed to Parties
4406/27/2008 MANDATE

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