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 3:00pm|
|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.
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|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|
|11||08/20/2008||E-FILED BRIEF - ATB|
|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)|
|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|