State v. Rivet

20080008 State of North Dakota, Plaintiff and Appellee
v.
Thomas Edward Rivet, Defendant and Appellant

Appeal from: District Court, East Central Judicial District, Cass County
Judge Steven L. Marquart
Nature of Action: Homicide
Counsel:
Appellant: Mark Taylor Blumer
Appellee: Reid Alan Brady , Asst. State's Attorney
Term: 06/2008   Argument: 06/16/2008  10:45am
ND cite: 2008 ND 145
NW cite: 752 N.W.2d 611

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Issues: Appellant's Statement of the Issues:
I.Whether the Prosecutor Engaged in Prosecutorial Misconduct Resulting in a Denial of a Fair Trial?
II.Whether there was Sufficient Evidence to Support Defendant's Convictions?

Appellee's Statement of the Issues:
I. Whether the prosecutor properly impeached Defendant Rivet by contrasting Rivet's direct examination testimony with Rivet's post-Miranda statements given previously to Sergeant Nelson.
II. Whether the prosecutor was within the bounds of fair and reasonable criticism of the evidence and fair and reasonable argument when he contended Kelly Miller's direct examination testimony was more credible than her cross-examination testimony.
III. Whether there was sufficient evidence from which a reasonable jury could have concluded beyond a reasonable doubt that the Defendants were guilty.

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Docket entries:
101/09/2008 NOTICE OF APPEAL: 01/07/2008
201/09/2008 ORDER FOR TRANSCRIPT: 01/07/2008
302/21/2008 MOT. EXT/TIME TRANSCRIPT
402/21/2008 ACTION BY TRIAL COURT. Granted: 02/29/2008
502/29/2008 TRANSCRIPTS DATED 9-24-07; 9-25-07; 9-26-07; 9-27-07; & 9-28-07 (5 vols.)
602/29/2008 DISK - TRA (9-24-07, 9-25-07, 9-26-07, 9-27-07, & 9-28-07) (e-mailed)
703/03/2008 Certificate of Service of Transcripts on counsel
803/03/2008 (This case is consolidated w/20080011; make all docket entries, except DIS & MAN, in this case)
903/04/2008 RECORD ON APPEAL & Exhibits (Not rec'd: 3,14,22,35,&127-Tapes; 119-Steno Notes; 93-State's Exh. 26-
1003/04/2008 Exh. 26--White Tennis Shoes; & 98--State's Exh. 31--Bag w/cable-phone cord)
1104/09/2008 MOT. EXT/TIME APPELLANT BRIEF for Lugert (letter dated April 9, 2008)
1204/09/2008 ACTION BY Chief Deputy Clerk (MAT-Lugert). Granted: 04/21/2008
1304/09/2008 E-FILED MOTION (MAT/fax)
1404/09/2008 APPELLANT BRIEF-RIVET (e-filed)
1504/09/2008 E-FILED BRIEF (ATB)
1604/09/2008 APPELLANT APPENDIX - RIVET (PDF) e-filed
1704/09/2008 E-FILED APPENDIX (ATA) PDF
1804/09/2008 Received $25 surcharge for ATB-RIVET (Receipt #18076).
1904/16/2008 Received 7 copies of ATB-RIVET from Central Duplicating
2004/16/2008 Received 6 copies of ATB-RIVET from Central Duplicating
2104/21/2008 APPELLANT BRIEF-LUGERT (e-filed)
2204/21/2008 E-FILED BRIEF (ATB-LUGERT)
2304/21/2008 APPELLANT APPENDIX - LUGERT (PDF) E-FILED
2404/21/2008 E-FILED APPENDIX (ATA-LUGERT) PDF
2504/22/2008 Received $25 surcharge for ATB-LUGERT (Receipt #18084).
2604/24/2008 Received copies of Lugert's ATB from Central Duplicating Services
2704/24/2008 Received copies of Lugert's Supplemental Appendix from Central Duplicating Services
2805/19/2008 Motion to Substitute counsel
2905/19/2008 ACTION BY SUPREME COURT (Motion to Substitute counsel). Granted
3005/21/2008 State's Response to Motion for Withdrawal and Substitution of Counsel - no objection & Aff. Service
3105/21/2008 APPELLEE BRIEF
3205/21/2008 E-FILED BRIEF (AEB)
3305/27/2008 Received 7 copies of AEB from Central Duplicating
3405/29/2008 Received $25 surcharge for e-filing Appellees' Brief
3505/30/2008 Certificate of Service of Appellee's Brief on Monty Mertz by e-mail on May 30, 2008
3606/16/2008 APPEARANCES: Mark T. Blumer; Monty G. Mertz; Reid A. Brady
3706/16/2008 ARGUED: Blumer; Mertz; Brady
3806/16/2008 ORAL ARGUMENT WEBCAST
3907/21/2008 DISPOSITION: REVERSED AND REMANDED
4007/21/2008 UNANIMOUS OPINION: VandeWalle, Gerald W.
4107/21/2008 Judgment e-mailed to Parties
4208/12/2008 MANDATE
4308/14/2008 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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