State v. Coppage
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| 20070304 |
State of North Dakota, Plaintiff and Appellee
v.
Ernest Coppage, Defendant and Appellant
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| Appeal from: |
District Court,
South Central Judicial District,
Burleigh County
Judge Donald L. Jorgensen |
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Nature of Action: |
Homicide
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| Counsel: |
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| Term: |
05/2008 Argument: 05/12/2008 09:30am
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| ND cite: |
2008 ND 134
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| NW cite: |
751 N.W.2d 254
Listen to recording of oral argument
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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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| 1 | | 10/15/2007 | |
NOTICE OF APPEAL: 10/10/2007 |
| 2 | | 10/15/2007 | |
ORDER FOR TRANSCRIPT: 10/15/2007 |
| 3 | | 10/15/2007 | |
Acknowledgment of Order for Transcript and RETENTION OF RECORD ON APPEAL: 12/04/2007 |
| 4 | | 11/30/2007 | |
TRANSCRIPT DATED July 24, 2007; July 25, 2007; July 26 & 27, 2007; October 9, 2007 |
| 5 | | 11/30/2007 | |
DISK - transcripts |
| 6 | | 11/30/2007 | |
Certificate of Service of Copies of Transcript |
| 7 | | 12/04/2007 | |
RECORD ON APPEAL & separates 29, 47, 48, 55, 58, 65(not rec'd 44-46(exhibits) & 52-54(steno notes)) |
| 8 | | 12/06/2007 | |
MOTION FOR REMAND. RspDue: 12/18/2007 |
| 9 | | 12/06/2007 | |
E-FILED MOTION to Remand (by facsimile) |
| 10 | | 12/13/2007 | |
Response Filed to Motion for Remand |
| 11 | | 12/14/2007 | |
Reply to Response to Motion for Remand |
| 12 | | 12/14/2007 | |
MOT. EXT/TIME APPELLANT BRIEF (w/ request for new counsel) |
| 13 | | 12/14/2007 | |
REQUEST FOR NEW COUNSEL (w/ mat) |
| 14 | | 12/19/2007 | |
ACTION BY SUPREME COURT (Motion for Remand). Granted |
| 15 | | 12/19/2007 | |
ORDER OF REMAND |
| 16 | | 12/19/2007 | |
(Temporarily remanded for pupose of considering a motion for new trial) (Briefing schedule stayed) |
| 17 | | 12/19/2007 | |
ACTION BY SUPREME COURT (MAT - briefing schedule stayed). Denied |
| 18 | | 12/19/2007 | |
ACTION BY SUPREME COURT (Request to withdraw as counsel). Denied |
| 19 | | 01/07/2008 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 20 | | 02/19/2008 | |
RECORD ON APPEAL Re-filed w/Sep. Nos. 29,47,48,55,58 & 65. Not rec'd Nos. 44-46-exhibits & 52-54 |
| 21 | | 02/19/2008 | |
Reset briefing schedule after remand. |
| 22 | | 02/19/2008 | |
ACTION BY CLERK (reset briefing schedule after remand). Granted: 03/11/2008 |
| 23 | | 02/29/2008 | |
SECOND NOTICE OF APPEAL (PREVIOUS TIMELINE APPLIES) |
| 24 | | 02/29/2008 | |
APPELLANT BRIEF |
| 25 | | 02/29/2008 | |
APPELLANT APPENDIX |
| 26 | | 02/29/2008 | |
DISK - atb (e-mailed) |
| 27 | | 03/27/2008 | |
APPELLEE BRIEF |
| 28 | | 03/27/2008 | |
Affidavit of Service of AEB |
| 29 | | 03/27/2008 | |
DISK (AEB) (e-mailed) |
| 30 | | 04/25/2008 | |
REPLY BRIEF |
| 31 | | 04/25/2008 | |
DISK - RYB (e-mail) |
| 32 | | 05/08/2008 | |
Supplemental Clerk's Certificate dated 5-6-08 (Entry Nos. 72-76) |
| 33 | | 05/12/2008 | |
APPEARANCES: Kent M. Morrow; Lloyd C. Suhr |
| 34 | | 05/12/2008 | |
ARGUED: Morrow; Suhr |
| 35 | | 05/12/2008 | |
ORAL ARGUMENT WEBCAST |
| 36 | | 06/26/2008 | |
DISPOSITION: AFFIRMED |
| 37 | | 06/26/2008 | |
UNANIMOUS OPINION: Maring, Mary Muehlen |
| 38 | | 06/30/2008 | |
Judgment E-Mailed to Parties |
| 39 | | 07/18/2008 | |
MANDATE |
| 40 | | 07/25/2008 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |