State v. Coppage

20070304 State of North Dakota, Plaintiff and Appellee
v.
Ernest Coppage, Defendant and Appellant

Appeal from: District Court, South Central Judicial District, Burleigh County
Judge Donald L. Jorgensen
Nature of Action: Homicide
Counsel:
Appellant: Kent M. Morrow
Appellee: Lloyd Clayton Suhr , Asst. State's Attorney
Term: 05/2008   Argument: 05/12/2008  9:30am
ND cite: 2008 ND 134
NW cite: 751 N.W.2d 254

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Issues: Appellant's Statement of the Issues:
1. Was the verdict form legally and logically inconsistent?
2. Did the court err in denying the motion for new trial?
3. Was there sufficient evidence to support the conviction of attempted murder?

Appellant's Reply Brief Issues
1. Does the merger doctrine apply to the convictions for aggravated assault and attempted murder?

Appellee's Statement of the Issues:
I. Whether the Trial Court Abused its Discretion in Denying Coppage's Motion for a New Trial?
II. Whether the Evidence was Sufficient to Uphold the Jury's Verdict of Guilty?

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Docket entries:
110/15/2007 NOTICE OF APPEAL: 10/10/2007
210/15/2007 ORDER FOR TRANSCRIPT: 10/15/2007
310/15/2007 Acknowledgment of Order for Transcript and RETENTION OF RECORD ON APPEAL: 12/04/2007
411/30/2007 TRANSCRIPT DATED July 24, 2007; July 25, 2007; July 26 & 27, 2007; October 9, 2007
511/30/2007 DISK - transcripts
611/30/2007 Certificate of Service of Copies of Transcript
712/04/2007 RECORD ON APPEAL & separates 29, 47, 48, 55, 58, 65(not rec'd 44-46(exhibits) & 52-54(steno notes))
812/06/2007 MOTION FOR REMAND. RspDue: 12/18/2007
912/06/2007 E-FILED MOTION to Remand (by facsimile)
1012/13/2007 Response Filed to Motion for Remand
1112/14/2007 Reply to Response to Motion for Remand
1212/14/2007 MOT. EXT/TIME APPELLANT BRIEF (w/ request for new counsel)
1312/14/2007 REQUEST FOR NEW COUNSEL (w/ mat)
1412/19/2007 ACTION BY SUPREME COURT (Motion for Remand). Granted
1512/19/2007 ORDER OF REMAND
1612/19/2007 (Temporarily remanded for pupose of considering a motion for new trial) (Briefing schedule stayed)
1712/19/2007 ACTION BY SUPREME COURT (MAT - briefing schedule stayed). Denied
1812/19/2007 ACTION BY SUPREME COURT (Request to withdraw as counsel). Denied
1901/07/2008 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
2002/19/2008 RECORD ON APPEAL Re-filed w/Sep. Nos. 29,47,48,55,58 & 65. Not rec'd Nos. 44-46-exhibits & 52-54
2102/19/2008 Reset briefing schedule after remand.
2202/19/2008 ACTION BY CLERK (reset briefing schedule after remand). Granted: 03/11/2008
2302/29/2008 SECOND NOTICE OF APPEAL (PREVIOUS TIMELINE APPLIES)
2402/29/2008 APPELLANT BRIEF
2502/29/2008 APPELLANT APPENDIX
2602/29/2008 DISK - atb (e-mailed)
2703/27/2008 APPELLEE BRIEF
2803/27/2008 Affidavit of Service of AEB
2903/27/2008 DISK (AEB) (e-mailed)
3004/25/2008 REPLY BRIEF
3104/25/2008 DISK - RYB (e-mail)
3205/08/2008 Supplemental Clerk's Certificate dated 5-6-08 (Entry Nos. 72-76)
3305/12/2008 APPEARANCES: Kent M. Morrow; Lloyd C. Suhr
3405/12/2008 ARGUED: Morrow; Suhr
3505/12/2008 ORAL ARGUMENT WEBCAST
3606/26/2008 DISPOSITION: AFFIRMED
3706/26/2008 UNANIMOUS OPINION: Maring, Mary Muehlen
3806/30/2008 Judgment E-Mailed to Parties
3907/18/2008 MANDATE
4007/25/2008 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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