State v. Curtis
State of North Dakota, Plaintiff and Appellee
Edward Dana Curtis, Defendant and Appellant
East Central Judicial District,
Judge Burt L. Riskedahl
|Nature of Action:||Misc. Statutory Offense (Felony)|
|Term:||01/2008  Argument: 01/08/2008|
|ND cite:||2008 ND 108|
750 N.W.2d 438
Listen to recording of oral argument in MP3 format
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?
|Add Docket 20070250 RSS|
|1||08/27/2007 NOTICE OF APPEAL: 08/23/2007|
|2||08/27/2007 ORDER FOR TRANSCRIPT: 08/23/2007|
|3||09/05/2007 TRANSCRIPT DATED July 30, 2007|
|4||09/06/2007 DISK - TRA 7-30-07|
|5||09/12/2007 TRANSCRIPT DATED FEBRUARY 2, 2007|
|6||09/13/2007 Dan Borgen has been appointed as counsel for Appellant Edward Curtis.|
|7||09/20/2007 RETENTION OF RECORD ON APPEAL (Vicky Matthys): 10/12/2007|
|8||09/28/2007 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,|
|9||09/28/2007 1/12/07, 4/4/07, & 6/7/07|
|10||09/28/2007 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,|
|11||09/28/2007 1/12/07, 4/4/07, & 6/7/07)|
|12||10/01/2007 Certificate of Service of copies of Transcripts filed 9/28/07.|
|13||10/05/2007 CORRECTED COVER PAGE FOR TRANSCRIPT DATED 2-2-07|
|14||10/05/2007 DISK - Corrected TRA 2-2-07 (emailed)|
|15||10/12/2007 TRANSCRIPTS DATED August 14, 2007 and one cc of transcript dated August 16, 2007 (Proceedings)|
|16||10/12/2007 DISK - TRAs of 8-14-07 & 8-16-07|
|17||10/17/2007 RECORD ON APPEAL w/Separates (Entry Nos. 79, 122, & 139) (also filed in 20070333)|
|18||10/17/2007 Not rec'd-CR Tapes (Entry Nos. 16, 20, 23, 28, 37, 40, 46, 64, 70, 82, 101, 118, 141-143, 157 & 163|
|19||11/05/2007 Transcript of Revocation of Probation Hearing dated 9-13-07 (1 copy filed in 20070333)|
|20||11/05/2007 DISK - tra (9-13-07) (E-MAILED)|
|21||11/06/2007 Certificate of Service of Copies of 9/13/07 transcript|
|22||11/15/2007 Clerk's Supp. Certificate of Record on Appeal dated November 13, 2007, w/ entries 173-179 attached|
|23||11/16/2007 APPELLANT BRIEF (e-filed)|
|24||11/16/2007 E-FILED BRIEF (ATB)|
|25||11/16/2007 APPELLANT APPENDIX (e-filed)|
|26||11/16/2007 E-FILED APPENDIX (ATA)|
|27||11/21/2007 Received copies of Appellant's Brief from Central Duplicating Services|
|28||11/21/2007 Received copies of Appellant's Brief from Central Duplicating Services|
|29||12/10/2007 Efiling surcharge $60 for ATB & ATA through Interdepartmental Billing--No. 569578|
|30||12/17/2007 APPELLEE BRIEF (e-filed)|
|31||12/17/2007 E-FILED BRIEF (AEB)|
|32||12/19/2007 Received $25 surcharge for AEB (Receipt No. 17959)|
|33||12/21/2007 REPLY BRIEF (e-filed)|
|34||12/21/2007 E-FILED BRIEF (RYB)|
|35||12/27/2007 Received 7 copies of AEB from Central Duplicating.|
|36||12/27/2007 Received corrected Table of Authorities and corrected pages for the Reply Brief|
|37||12/28/2007 Received 7 copies of RYB from Central Duplicating|
|38||01/08/2008 APPEARANCES: Daniel J. Borgen; Gary L. Delorme|
|39||01/08/2008 ARGUED: Borgen; Delorme|
|40||01/08/2008 ORAL ARGUMENT WEBCAST|
|41||06/05/2008 DISPOSITION: AFFIRMED|
|42||06/05/2008 UNANIMOUS OPINION: VandeWalle, Gerald W.|
|43||06/06/2008 Judgment E-Mailed to Parties|
|45||07/01/2008 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|