State v. Schmeets
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| 20080225 |
State of North Dakota, Plaintiff and Appellee
v.
Jeffrey Schmeets, Defendant and Appellant
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| Appeal from: |
District Court,
South Central Judicial District,
Sheridan County
Judge Bruce B. Haskell |
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Nature of Action: |
Drugs/Contraband
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| Counsel: |
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| Term: |
03/2009 Argument: 03/10/2009 11:00am
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| ND cite: |
2009 ND 163
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| NW cite: |
772 N.W.2d 623
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| Issues: |
Appellant's Statement of the Issues:
1. Were substantial rights of Jeffrey Schmeets affected and a fair trial denied for the following reasons:
a. The trial court allowed the State to introduce evidence of prior felony convictions.
b. The trial court allowed the State to introduce highly prejudicial hearsay which denied Schmeets the right to confront his accusers.
c. The trial court allowed the State to introduce opinion testimony that usurped the role of the jury.
d. Schmeets was denied a fair trial because the representation of his counsel was "ineffective".
Appellee's Statement of the Issues:
1. Were Schmeet's substantial rights affected by errors and commissions committed at his trial.
A. Did the Court error in allowing into evidence certified copies of two prior drug related felony convictions?
B. Did the Court error in allowing into evidence hearsay testimony of Mike Delvo when Schmeet's counsel did not object?
C. Did the Court allow opinion testimony from a non-expert?
D. Was Schmeet's Attorney "ineffective"?
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| 1 | | 09/10/2008 | |
NOTICE OF APPEAL: 09/10/2008 |
| 2 | | 09/17/2008 | |
Received copy of file stamped NOA & OTR from clerk of Sheridan Co. |
| 3 | | 09/18/2008 | |
Copy of Notice of Assignment of Mr. Morrow as counsel for Appellant |
| 4 | | 10/16/2008 | |
TRANSCRIPTS DATED MAY 12, 2008 AND AUGUST 18, 2008. |
| 5 | | 10/16/2008 | |
DISK-tra (5/12/08 & 8/18/08) e-mailed |
| 6 | | 10/16/2008 | |
CERTIFICATE OF SERVICE OF COPIES OF TRANSCRIPTS. |
| 7 | | 10/28/2008 | |
RECORD ON APPEAL including 1 separate (part of entry No. 31). Not sent were Nos. 30, part of 31, |
| 8 | | 10/28/2008 | |
32, 33, 34, 35, 36, 37, 38, & 39 (State's Exhibits); Nos. 41, 42, 43, 44, & 45. |
| 9 | | 11/03/2008 | |
SUPPLEMENTAL CLERK'S CERTIFICATE ON APPEAL DATED NOVEMBER 3, 2008, including 1 separate (No. 37) |
| 10 | | 11/03/2008 | |
and Entry No. 30 (Exh 1, 2 & 4 only), No.37 (Separate exhibit 13), No. 41 thru 45. |
| 11 | | 11/06/2008 | |
Notice of Appearance of Irvin B. Nodland as counsel for Mr. Schmeets & Substitution of Counsel |
| 12 | | 11/06/2008 | |
MOT. EXT/TIME APPELLANT BRIEF |
| 13 | | 11/06/2008 | |
ACTION BY Chief Deputy CLERK (Mot/Ext/ATB). Granted: 12/19/2008 |
| 14 | | 12/19/2008 | |
APPELLANT BRIEF |
| 15 | | 12/19/2008 | |
APPELLANT APPENDIX |
| 16 | | 12/30/2008 | |
DISK-ATB (E-MAILED) |
| 17 | | 12/30/2008 | |
Received copies of corrected TOA and pages for ATB and electronic copy. |
| 18 | | 01/16/2009 | |
MOT. EXT/TIME APPELLEE BRIEF (E-mailed letter from Walter Lipp dated 1-16-09) |
| 19 | | 01/16/2009 | |
E-FILED MOTION (Mot/Ext/AEB) |
| 20 | | 01/16/2009 | |
ACTION BY CHIEF DEPUTY CLERK (MAE). Granted: 01/30/2009 |
| 21 | | 01/26/2009 | |
APPELLEE BRIEF |
| 22 | | 09/26/2009 | |
DISK - AEB (e-mailed) |
| 23 | | 03/10/2009 | |
Irvin B. Nodland; submitted on brief under Rule 34 (e) & (f) N.D.R.App.P. on behalf of appellee |
| 24 | | 03/10/2009 | |
ARGUED: Nodland; submitted on brief under Rule 34 (e) & (f), N.D.R.App.P. on behalf of appellee |
| 25 | | 03/10/2009 | |
ORAL ARGUMENT WEBCAST |
| 26 | | 03/12/2009 | |
Second Supplemental Clerk's Certificate dated 3/9/09 (Entry No. 65; Not received was Entry No. 64) |
| 27 | | 09/16/2009 | |
DISPOSITION: REVERSED AND REMANDED |
| 28 | | 09/16/2009 | |
SPLIT OPINION: Kapsner, Carol Ronning |
| 29 | | 09/16/2009 | |
(DISSENT): Sandstrom, Dale V.: DISSENT |
| 30 | | 09/17/2009 | |
Judgment E-Mailed to Parties |
| 31 | | 09/18/2009 | |
Amended Judgment E-Mailed to Parties |
| 32 | | 10/08/2009 | |
MANDATE |
| 33 | | 10/13/2009 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |