State v. Gress

20070298 State of North Dakota, Plaintiff and Appellee
v.
Michael Ray Gress, Defendant and Appellant
Appeal from: District Court, Southwest Judicial District, Stark County
Judge Allan L. Schmalenberger
Nature of Action: Misc. Statutory Offense (Felony)
Counsel:
Appellant: Kent M. Morrow
Appellee: James Allen Hope , Asst. State's Attorney
Term: 02/2008   Argument: 02/05/2008  04:00pm
ND cite: 2008 ND 20
NW cite: 747 N.W.2d 136

Issues: Appellant's Statement of the Issues:
I. Did the trial court abuse its discretion in refusing to dismiss Juror Vance for cause?
II. Was the evidence sufficient to support the verdict of criminal intent?
III. Was the evidence sufficient to support the identification of Gress as the man involved?

Appellee's Statement of the Issues:
I. Did the trial court abuse its discretion in refusing to dismiss juror Vance for cause?
II. Was the evidence sufficient to support the jury's verdict of guilty to the offense of Criminal Attempt?

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Docket entries:
110/08/2007 NOTICE OF APPEAL: 10/05/2007
210/08/2007 ORDER FOR TRANSCRIPT: 10/05/2007
310/11/2007 Stipulation for Substitution of Counsel - Kent M. Morrow replacing Justin D. Roness
411/23/2007 TRANSCRIPT DATED August 2, 2007
511/23/2007 DISK - TRA 8-2-07 (e-mailed)
611/29/2007 RECORD ON APPEAL including separate PSI
712/14/2007 APPELLANT BRIEF
812/14/2007 APPELLANT APPENDIX
912/17/2007 DISK of ATB (e-mailed)
1001/09/2008 APPELLEE BRIEF
1101/10/2008 DISK - aeb
1201/17/2008 MOTION FOR waiver of oral argument on behalf of the Appellant
1301/22/2008 ACTION BY SUPREME COURT (waiver of oral argument on behalf of the Appellant). Granted
1401/17/2008 MOTION FOR waiver of oral argument on behalf of the Appellee
1501/22/2008 ACTION BY SUPREME COURT (waiver of oral argument on behalf of the Appellee). Granted
1602/01/2008 Supplemental Clerk's Certificate dated 1-31-08 (Entry Nos. 34-38)
1702/05/2008 APPEARANCES: waived under NDRAppP 34(f) and submitted on the records and briefs filed
1802/05/2008 ARGUED: waived under NDRAppP 34(f) and submitted on the records and briefs filed
1902/21/2008 DISPOSITION: AFFIRMED BY SUMMARY DISP.
2002/21/2008 UNANIMOUS OPINION: Per Curiam
2102/21/2008 Judgment Mailed to Parties
2203/14/2008 MANDATE
2303/18/2008 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 12/01/2008