State v. Scutchings
State of North Dakota, Plaintiff and Appellee
Cornell Xavier Scutchings, Defendant and Appellant
Northeast Central Judicial District,
Grand Forks County
Judge Joel D. Medd
|Nature of Action:||Misc. Statutory Offense (Felony)|
|Term:||11/2008  Argument: 11/04/2008|
|ND cite:||2009 ND 8|
759 N.W.2d 729
Listen to recording of oral argument in MP3 format
Appellant's Statement of the Issues:|
I.Whether the Assistant State's attorney engaged in Prosecutorial Misconduct by improperly commenting on the Defendant's failure to testify, resulting in a denial of Due Process under the 5th Amendment.
II.Whether allowing the state to present a "booking" photograph to a jury, not entered as evidence is unduly prejudicial and a denial of Mr. Scutchings' right to a fair trial.
III.Whether there was prosecutorial misconduct in the state's vouching for the testimony of the complaining witness and whether this resulted in a Denial of a Fair Trial?
Appellee's Statement of the Issues:
1. Whether the Fifth Amendment was violated when the Assistant States Attorney restated the jury instruction, reminding the jury of the Defendant's constitutional right not to testify.
2. Whether the Defendant's right to a fair trial was violated when the State was allowed to briefly show the jury a frontal picture of the Defendant wearing street clothes.
3. Whether the Assistant States Attorney committed prosecutorial misconduct by commenting on a detective's testimony and the fair inferences arising therefrom during closing argument.
|Add Docket 20080125 RSS|
|1||05/23/2008 NOTICE OF APPEAL: 05/21/2008|
|2||05/23/2008 ORDER FOR TRANSCRIPT: 05/21/2008|
|3||06/02/2008 RETENTION OF RECORD ON APPEAL: 07/10/2008|
|4||07/10/2008 Substitution of Counsel for Appellant (Gretchen M. Handy)|
|5||07/10/2008 TRANSCRIPTS DATED MARCH 18, 2008 AND MARCH 19, 2008|
|6||07/11/2008 DISK-TRA (3/18/08 & 3/19/08)|
|7||07/11/2008 CERTIFICATE OF SERVICE OF COPIES OF TRANSCRIPTS|
|8||07/11/2008 RECORD ON APPEAL & Separates (Not rec'd: 11,19,38,52,62,63,&77--Steno Notes and|
|9||07/11/2008 12, 17, 18,& 21--Digital Recordings|
|10||08/20/2008 APPELLANT BRIEF|
|11||08/20/2008 E-FILED BRIEF - ATB|
|12||08/20/2008 APPELLANT APPENDIX|
|13||08/20/2008 E-FILED APPENDIX|
|14||08/25/2008 Received $25 surcharge for Appellant Brief (Receipt 18223)|
|15||08/27/2008 Received 7 cc of ATB from Central Duplicating|
|16||08/27/2008 Received 6 cc of ATA from Central Duplicating|
|17||09/03/2008 Sealed key for Transcripts|
|18||09/05/2008 Received $25 surcharge for Appellee's Brief (Receipt #18236)|
|19||09/18/2008 APPELLEE BRIEF|
|20||09/18/2008 E-FILED BRIEF (AEB)|
|21||09/22/2008 Received 7 copies of AEB from Central Duplicating|
|22||09/25/2008 Consent to Appearance of Christopher S. Pieske Under the Senior Practice Rule|
|23||11/04/2008 APPEARANCES: Gretchen M. Handy; Christopher Pieske, third-year law student, and Meredith H. Larson|
|24||11/04/2008 ARGUED: Handy; Pieske|
|25||11/04/2008 ORAL ARGUMENT WEBCAST|
|26||02/03/2009 DISPOSITION: REVERSED AND REMANDED|
|27||02/03/2009 UNANIMOUS OPINION: VandeWalle, Gerald W.|
|28||02/05/2009 Judgment em-mailed to Parties|
|30||02/28/2009 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|