State v. Saulter

20080220 State of North Dakota, Plaintiff and Appellee
v.
Timothy Carlton Saulter, Defendant and Appellant

Appeal from: District Court, Northeast Central Judicial District, Grand Forks County
Judge Sonja Clapp
Nature of Action: Assault
Counsel:
Appellant: Benjamin C. Pulkrabek
Appellee: Meredith Huseby Larson , Asst. State's Attorney
Term: 01/2009   Argument: 01/20/2009  9:30am
ND cite: 2009 ND 78
NW cite: 764 N.W.2d 430

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
I. Was the opinion testimony that Detective James Vigness gave during the trial admissible as opinion testimony of a lay witness under Rule 701 N.D.R. of Evid or was it inadmissable as testimony of an expert Rules 702 and 703 N.D.R. of Evid?
II. Was there evidence sufficient to find Defendant Appellant Timothy Carlton Saulter's guilty of the crime aggravated assault?

Appellee's Statement of the Issues:
I. Whether the district court abused its discretion when it admitted Detective Vigness' lay opinion testimony.
II. Whether there was sufficient evidence to convict the Defendant of Aggravated Assault.


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Docket entries:
109/05/2008 NOTICE OF APPEAL: 09/03/2008
209/08/2008 Acknowledgment of Order of Transcript & RETENTION OF RECORD ON APPEAL: 10/28/2008
309/10/2008 ORDER FOR TRANSCRIPT: 09/08/2008
409/10/2008 Assignment of Benjamin C.Pulkrabek as counsel for Appellant
510/28/2008 TRANSCRIPT DATED July 16, 2008
610/29/2008 DISK of tra dtd 7-16-08
711/04/2008 RECORD ON APPEAL & SEPARATES (ENTRY NOS. 1, 6, 12, 44-55 & 60).
811/04/2008 NOT REC'D W/ROA WERE STENO NOTES (ENTRY NOS. 7, 21, 27, 29, 31, 43, 56 (bulky exhibit), 57 & 68).
911/13/2008 APPELLANT BRIEF
1011/13/2008 Addendum to Appellant's Brief
1111/13/2008 APPELLANT APPENDIX
1211/19/2008 Docket sheet of trial court for ATA
1311/25/2008 Received corrected copies of page 2 of ATB
1411/25/2008 APPELLEE BRIEF (e-mailed)
1512/25/2008 E-FILED BRIEF (AEB)
1611/26/2008 DISK - ATB (e-mailed)
1711/28/2008 Consent to Appearance of 3rd year law student Christopher S. Pieske
1811/28/2008 Receipt $25 surcharge for AEB (Receipt #18632)
1912/02/2008 Received 7 copies of AEB from Central Duplicating
2001/20/2009 APPEARANCES: Benjamin C. Pulkrabek; Christopher Pieske, 3rd yr. law student & Haley Wamstad, Asst.
2101/20/2009 Attorney General
2201/20/2009 ARGUED: Pulkrabek; Pieske
2301/20/2009 ORAL ARGUMENT WEBCAST
2404/30/2009 DISPOSITION: AFFIRMED
2504/30/2009 UNANIMOUS OPINION: Crothers, Daniel John
2605/04/2009 Judgment E-Mailed to Parties
2705/26/2009 MANDATE
2806/03/2009 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 11/26/2014