State v. Gibbs

20070378 State of North Dakota, Plaintiff and Appellee
v.
Moe Maurice Gibbs, Defendant and Appellant

Appeal from: District Court, Southeast Judicial District, Barnes County
Judge John T. Paulson
Nature of Action: Homicide
Counsel:
Appellant: Kent M. Morrow
Appellee: Bradley Allen Cruff , Asst. State's Attorney
Appellee: Jonathan R. Byers , Att. General Office
Term: 11/2008   Argument: 11/17/2008  2:45pm
ND cite: 2009 ND 44
NW cite: 763 N.W.2d 430

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
1. Was Moe Maurice Gibbs given "an opportunity to participate meaningfully" in his trial by the State providing inadequate funding for an effective defense?
2. Were Gibbs' due process rights violated when the State, which produced evidence of the presence of minuscule amounts of his DNA at the crime scene, failed to produce significant objective evidence from which a reasonable, rational, and logical juror could have found that he committed the crime of murder beyond a reasonable doubt?
3. Did Prosecutor Cruff's comments to the jury constitute prosecutorial misconduct and an improper comment on Gibbs' Fifth Amendment right against testifying?
4. Did the trial court violate the "Doctrine of Completeness" when it refused to permit the playing of the video of the interview of Gibbs?

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Docket entries:
112/27/2007 NOTICE OF APPEAL: 12/26/2007
212/27/2007 ORDER FOR TRANSCRIPT: 12/26/2007
302/06/2008 RECORD ON APPEAL (6 Volumes) including separate binders (3) containing exhibits, sealed separates
402/06/2008 and transcript dated October 26, 2006. Not sent was part of No. 162 (including Exhibits
502/06/2008 No. 16, 17, 18, 24, 31, 57, 78 - 98, 102, 172, 173, 174, 176, 177, 182, 200, 203, 209, 212, 242
602/06/2008 and 253. Also, original poster boards (part of Entry #162, exhibit list numbers ending in "A" were
702/06/2008 not sent, instead photos of the originals marked as exhibits in the binders were sent.)
802/11/2008 SUPPLEMENTAL CLERK'S CERTIFICATE (ENTRIES 277 & 278)
902/13/2008 Clerk's Second Supplemental Certificate of Record dated 2/12/08 (Entry No. 279)
1002/13/2008 MOT. EXT/TIME TRANSCRIPT (R-279)
1102/13/2008 ACTION BY TRIAL COURT. Granted: 03/25/2008
1202/15/2008 Clerk's Third Supplemental Certificate of Record dated 2/14/08 (Entry No. 280)
1303/05/2008 MOT. EXT/TIME TRANSCRIPT (Darla McKenzie)
1403/05/2008 ACTION BY CLERK (MTR). Granted: 04/24/2008
1504/15/2008 Fourth Supplemental Clerk's Certificate dated 4/14/08 (Entry Nos. 281 & 282)
1604/21/2008 MOT. EXT/TIME TRANSCRIPT
1704/24/2008 ACTION BY CHIEF JUSTICE. Granted: 04/29/2008
1804/29/2008 MOT. EXT/TIME TRANSCRIPT
1904/29/2008 ACTION BY Acting Chief Justice. Granted: 05/06/2008
2005/06/2008 TRANSCRIPTS DATED 10/29/07, 10/30/07, 10/31/07, 11/01/07, 11/02/07, 11/05/07, 11/06/07, 11/07/07,
2105/06/2008 11/08/07 & 11/09/07
2205/06/2008 DISK-TRA (electronic)
2305/12/2008 CERTIFICATE OF SERVICE OF COPIES OF TRANSCRIPTS (VOLS. I-X)
2405/15/2008 TRANSCRIPT DATED NOVEMBER 6, 2007 (VOL. VII)
2505/15/2008 certificate of service of copies of transcript (volume 7)
2606/18/2008 ORDER FOR TRANSCRIPT (closing argument): 06/17/2008
2706/18/2008 Clerk's Fifth Supplemental Certificate of Record on Appeal including entry 283
2807/07/2008 RETURN OF ROA TO DIST. CT.: 08/07/2008
2907/10/2008 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
3008/04/2008 TRANSCRIPTS DATED 11/13/07 & 11/14/07 TO 11/16/07
3108/04/2008 DISK-TRA (11/13/07 AND 11/14/07 TO 11/16/07)
3208/04/2008 CERTIFICATE OF SERVICE OF COPIES OF TRANSCRIPTS
3309/11/2008 APPELLANT BRIEF
3409/11/2008 Addendum to Appellant's Brief
3509/11/2008 E-FILED BRIEF (ATB)
3609/11/2008 APPELLANT APPENDIX
3709/11/2008 E-FILED APPENDIX (ATA)
3809/12/2008 Receipt for $25 surcharge for ATB (#18243)
3909/19/2008 Received 7 copies of ATB from Central Duplicating
4009/19/2008 Received 6 copies of ATA from Central Duplicating
4110/02/2008 RE-FILED RECORD ON APPEAL AFTER REMAND
4210/09/2008 APPELLEE BRIEF
4310/09/2008 APPELLEE APPENDIX
4410/10/2008 DISK - AEB
4510/24/2008 Request for Radio/TV Coverage - Prairie Public Radio (approved)
4610/24/2008 Request for Radio/TV Coverage - Bismarck Tribune (approved)
4710/24/2008 Request for Radio/TV Coverage - KXMB-TV (approved)
4811/17/2008 APPEARANCES: Kent M. Morrow; Bradley A. Cruff, Jonathan R. Byers
4911/17/2008 ARGUED: Morrow; Cruff
5011/17/2008 ORAL ARGUMENT WEBCAST
5104/02/2009 DISPOSITION: AFFIRMED
5204/02/2009 UNANIMOUS OPINION: Crothers, Daniel John
5304/06/2009 Judgment E-Mailed to Parties
5404/22/2009 MANDATE
5505/01/2009 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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