State v. Schmeets

20080225 State of North Dakota, Plaintiff and Appellee
v.
Jeffrey Schmeets, Defendant and Appellant

Appeal from: District Court, South Central Judicial District, Sheridan County
Judge Bruce B. Haskell
Nature of Action: Drugs/Contraband
Counsel:
Appellant: Irvin B. Nodland
Appellee: Walter Mathias Lipp , State's Attorney
Term: 03/2009   Argument: 03/10/2009  11:00am
ND cite: 2009 ND 163
NW cite: 772 N.W.2d 623

Listen to recording of oral argument in MP3 format

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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Docket entries:
109/10/2008 NOTICE OF APPEAL: 09/10/2008
209/17/2008 Received copy of file stamped NOA & OTR from clerk of Sheridan Co.
309/18/2008 Copy of Notice of Assignment of Mr. Morrow as counsel for Appellant
410/16/2008 TRANSCRIPTS DATED MAY 12, 2008 AND AUGUST 18, 2008.
510/16/2008 DISK-tra (5/12/08 & 8/18/08) e-mailed
610/16/2008 CERTIFICATE OF SERVICE OF COPIES OF TRANSCRIPTS.
710/28/2008 RECORD ON APPEAL including 1 separate (part of entry No. 31). Not sent were Nos. 30, part of 31,
810/28/2008 32, 33, 34, 35, 36, 37, 38, & 39 (State's Exhibits); Nos. 41, 42, 43, 44, & 45.
911/03/2008 SUPPLEMENTAL CLERK'S CERTIFICATE ON APPEAL DATED NOVEMBER 3, 2008, including 1 separate (No. 37)
1011/03/2008 and Entry No. 30 (Exh 1, 2 & 4 only), No.37 (Separate exhibit 13), No. 41 thru 45.
1111/06/2008 Notice of Appearance of Irvin B. Nodland as counsel for Mr. Schmeets & Substitution of Counsel
1211/06/2008 MOT. EXT/TIME APPELLANT BRIEF
1311/06/2008 ACTION BY Chief Deputy CLERK (Mot/Ext/ATB). Granted: 12/19/2008
1412/19/2008 APPELLANT BRIEF
1512/19/2008 APPELLANT APPENDIX
1612/30/2008 DISK-ATB (E-MAILED)
1712/30/2008 Received copies of corrected TOA and pages for ATB and electronic copy.
1801/16/2009 MOT. EXT/TIME APPELLEE BRIEF (E-mailed letter from Walter Lipp dated 1-16-09)
1901/16/2009 E-FILED MOTION (Mot/Ext/AEB)
2001/16/2009 ACTION BY CHIEF DEPUTY CLERK (MAE). Granted: 01/30/2009
2101/26/2009 APPELLEE BRIEF
2209/26/2009 DISK - AEB (e-mailed)
2303/10/2009 Irvin B. Nodland; submitted on brief under Rule 34 (e) & (f) N.D.R.App.P. on behalf of appellee
2403/10/2009 ARGUED: Nodland; submitted on brief under Rule 34 (e) & (f), N.D.R.App.P. on behalf of appellee
2503/10/2009 ORAL ARGUMENT WEBCAST
2603/12/2009 Second Supplemental Clerk's Certificate dated 3/9/09 (Entry No. 65; Not received was Entry No. 64)
2709/16/2009 DISPOSITION: REVERSED AND REMANDED
2809/16/2009 SPLIT OPINION: Kapsner, Carol Ronning
2909/16/2009 (DISSENT): Sandstrom, Dale V.: DISSENT
3009/17/2009 Judgment E-Mailed to Parties
3109/18/2009 Amended Judgment E-Mailed to Parties
3210/08/2009 MANDATE
3310/13/2009 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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