State v. Schmeets
State of North Dakota, Plaintiff and Appellee
Jeffrey Schmeets, Defendant and Appellant
South Central Judicial District,
Judge Bruce B. Haskell
|Nature of Action:||Drugs/Contraband|
|Term:||03/2009  Argument: 03/10/2009|
|ND cite:||2009 ND 163|
772 N.W.2d 623
Listen to recording of oral argument in MP3 format
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|
|33||10/13/2009 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|