State v. Scutchings

20080125 State of North Dakota, Plaintiff and Appellee
v.
Cornell Xavier Scutchings, Defendant and Appellant

Appeal from: District Court, Northeast Central Judicial District, Grand Forks County
Judge Joel D. Medd
Nature of Action: Misc. Statutory Offense (Felony)
Counsel:
Appellant: Gretchen Marie Handy
Appellee: Meredith Huseby Larson , Asst. State's Attorney
Term: 11/2008   Argument: 11/04/2008  3:00pm
ND cite: 2009 ND 8
NW cite: 759 N.W.2d 729

Listen to recording of oral argument in MP3 format

Issues: 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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Docket entries:
105/23/2008 NOTICE OF APPEAL: 05/21/2008
205/23/2008 ORDER FOR TRANSCRIPT: 05/21/2008
306/02/2008 RETENTION OF RECORD ON APPEAL: 07/10/2008
407/10/2008 Substitution of Counsel for Appellant (Gretchen M. Handy)
507/10/2008 TRANSCRIPTS DATED MARCH 18, 2008 AND MARCH 19, 2008
607/11/2008 DISK-TRA (3/18/08 & 3/19/08)
707/11/2008 CERTIFICATE OF SERVICE OF COPIES OF TRANSCRIPTS
807/11/2008 RECORD ON APPEAL & Separates (Not rec'd: 11,19,38,52,62,63,&77--Steno Notes and
907/11/2008 12, 17, 18,& 21--Digital Recordings
1008/20/2008 APPELLANT BRIEF
1108/20/2008 E-FILED BRIEF - ATB
1208/20/2008 APPELLANT APPENDIX
1308/20/2008 E-FILED APPENDIX
1408/25/2008 Received $25 surcharge for Appellant Brief (Receipt 18223)
1508/27/2008 Received 7 cc of ATB from Central Duplicating
1608/27/2008 Received 6 cc of ATA from Central Duplicating
1709/03/2008 Sealed key for Transcripts
1809/05/2008 Received $25 surcharge for Appellee's Brief (Receipt #18236)
1909/18/2008 APPELLEE BRIEF
2009/18/2008 E-FILED BRIEF (AEB)
2109/22/2008 Received 7 copies of AEB from Central Duplicating
2209/25/2008 Consent to Appearance of Christopher S. Pieske Under the Senior Practice Rule
2311/04/2008 APPEARANCES: Gretchen M. Handy; Christopher Pieske, third-year law student, and Meredith H. Larson
2411/04/2008 ARGUED: Handy; Pieske
2511/04/2008 ORAL ARGUMENT WEBCAST
2602/03/2009 DISPOSITION: REVERSED AND REMANDED
2702/03/2009 UNANIMOUS OPINION: VandeWalle, Gerald W.
2802/05/2009 Judgment em-mailed to Parties
2902/25/2009 MANDATE
3002/28/2009 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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