State v. Kruckenberg
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| 20080106 |
State of North Dakota, Plaintiff and Appellee
v.
Scott Al Kruckenberg, Defendant and Appellant
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| Appeal from: |
District Court,
South Central Judicial District,
Burleigh County
Judge Gail Hagerty |
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Nature of Action: |
Drugs/Contraband
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| Counsel: |
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| Term: |
10/2008 Argument: 10/06/2008 01:00pm
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| ND cite: |
2008 ND 212
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| NW cite: |
758 N.W.2d 427
Listen to recording of oral argument
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| Issues: |
Appellant's Statement of the Issues:
1. The Court violated Defendant's constitutional and statutory rights when it failed to follow statutory procedures for answering jury questions.
2. The State's Attorney committed prosecutorial misconduct by asking a state's witness a question that assumed misconduct, or consciousness of guilt, on the part of Kruckenberg, after the trial court had already ruled against the question.
3. Obvious error occurred when the State committed prosecutorial misconduct in its closing argument by suggesting that the burden of proof shifted.
Appellee's Statement of the Issues:
I. Whether the trial court committed reversible error in its handling of jury questions?
II. Whether the prosecutor's question during direct examination about the circumstances surrounding Kruckenberg's arrest constituted prosecutorial misconduct?
III. Whether the prosecutor committed obvious error by shifting the burden to the defense in his closing arguments?
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| 1 | | 05/08/2008 | |
NOTICE OF APPEAL: 05/06/2008 |
| 2 | | 05/08/2008 | |
ORDER FOR TRANSCRIPT: 05/06/2008 |
| 3 | | 05/08/2008 | |
ANNOUNCED DISQUALIFICATION: Sandstrom, Dale V. |
| 4 | | 05/12/2008 | |
Acknowledgment of OTR and request for Retention of Record: 06/25/2008 |
| 5 | | 05/19/2008 | |
Stipulation for Substitution of Counsel Russell Myhre substitutes as counsel for Justin Roness |
| 6 | | 06/25/2008 | |
RECORD ON APPEAL & Exhibits |
| 7 | | 06/25/2008 | |
TRANSCRIPTS DATED March 11, 2008 & April 15, 2008 (2 vols.) |
| 8 | | 06/25/2008 | |
DISKS (2) (TRA dated 3-11-08 & 4-15-08) |
| 9 | | 06/25/2008 | |
Certificate of Service of TRA |
| 10 | | 08/04/2008 | |
APPELLANT BRIEF (e-filed) |
| 11 | | 08/04/2008 | |
E-FILED BRIEF (ATB) |
| 12 | | 08/04/2008 | |
APPELLANT APPENDIX (e-filed) |
| 13 | | 08/04/2008 | |
E-FILED APPENDIX (ATA) |
| 14 | | 08/05/2008 | |
Received $25.00 surcharge for ATB (Receipt #18203) |
| 15 | | 08/11/2008 | |
Received 7 copies of ATB from Central Duplicating |
| 16 | | 08/11/2008 | |
Received 6 copies of ATA from Central Duplicating |
| 17 | | 09/04/2008 | |
APPELLEE BRIEF |
| 18 | | 09/04/2008 | |
DISK - AEB |
| 19 | | 09/26/2008 | |
SITTING WITH THE COURT: Webb, Wade L. |
| 20 | | 10/06/2008 | |
APPEARANCES: Mark T. Blumer; Lloyd C. Suhr |
| 21 | | 10/06/2008 | |
ARGUED: Blumer; Suhr |
| 22 | | 10/06/2008 | |
ORAL ARGUMENT WEBCAST |
| 23 | | 11/24/2008 | |
DISPOSITION: AFFIRMED |
| 24 | | 11/24/2008 | |
UNANIMOUS OPINION: Maring, Mary Muehlen |
| 25 | | 11/25/2008 | |
Judgment Mailed to Parties |
| 26 | | 12/23/2008 | |
MANDATE |
| 27 | | 12/26/2008 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |