State v. Ness
State of North Dakota, Plaintiff and Appellee
Thomas Paul Ness, Defendant and Appellant
South Central Judicial District,
Judge Sonna M. Anderson
|Nature of Action:||Misc. Statutory Off. (Misdemeanor)|
|Term:||09/2009  Argument: 09/01/2009|
|ND cite:||2009 ND 182|
774 N.W.2d 254
Listen to recording of oral argument in MP3 format
Appellant's Statement of the Issues:|
I. Whether the trial court committed error when it failed to dismiss the citation of Failing to Tag a White Tail Doe After it was Killed against Tom Ness' (Ness), despite it being unconstitutionally vague.
II. Whether the trial court committed error when it failed to grant Ness' Rule 29, N.D.R.Crim.P., Motion for Judgment of Acquittal, despite the State failing to bring forth sufficient evidence as to a critical element of the offense, namely the definition or meaning of "immediately" in the Governor's 2007 Deer Hunting Proclamation.
III. Whether the trial court committed error when it failed to give Ness' requested Affirmative Defense Jury Instruction, Defendant's Requested Instruction No. 9.
IV. Whether the trial court committed error when it failed to give Ness' requested Excuse Jury Instructions, Defendant's Requested Instructions Nos. 3 and 4.
V. Whether the trial court committed error when it never allowed Ness his constitutional right to confront witnesses by ruling in pretrial that he could not cross examine the sole prosecution witness as to biases, prejudices, or ulterior motives.
VI. Whether the trial court committed error when it never allowed Ness his constitutional right to confront witnesses by precluding Ness the opportunity to cross examine the sole prosecution witness on the "immediate tagging" requirements, despite the trial court allowing the State the opportunity to elicit such testimony from its sole prosecution witness.
VII. Whether the trial court committed error when it failed to grant a mistrial after a juror indicated during deliberations that he was indirectly familiar with Ness' property.
Appellee's Statement of the Issues:
I. The Honorable Sonna M. Anderson did not err in her ruling that the Appellant could not cross examine District Game Warden Jackie Lundstrom as to her relationship with Bruce Burkett and the fact that the Appellant was a licensed Outfitter.
II. The Appellant waived his right to appeal the issue of whether or not the Governor's Proclamation was unconstitutionally vague.
III. The Appellant was not entitled to a jury instruction as to innocence or mistake.
IV. There is sufficient evidence to support the conviction of the Appellant
. V. The admission by the juror was not a fundamental defect in the proceedings.
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|1||02/03/2009 NOTICE OF APPEAL: 01/30/2009|
|2||02/03/2009 ORDER FOR TRANSCRIPT: 01/30/2009|
|3||03/23/2009 TRANSCRIPT DATED January 7, 2009|
|4||03/23/2009 DISK - tra (1-7-09)|
|5||03/26/2009 RECORD ON APPEAL - includes separate entry nos. 30, 31 (exhibits), & 33|
|6||05/01/2009 APPELLANT BRIEF|
|7||05/01/2009 APPELLANT APPENDIX|
|8||05/01/2009 DISK of ATB (e-mailed)|
|9||05/29/2009 APPELLEE BRIEF|
|10||05/29/2009 DISK - AEB (e-mailed)|
|11||05/29/2009 APPELLEE APPENDIX|
|12||06/12/2009 REPLY BRIEF|
|13||06/12/2009 DISK-ryb (e-mailed)|
|14||07/23/2009 NOTICE OF ORAL ARGUMENT MAILED|
|15||07/29/2009 Supplemental Clerk's Certificate dated 7/28/09 (Entry Nos. 42 - 44)|
|16||08/29/2009 ANNOUNCED DISQUALIFICATION: Sandstrom, Dale V.|
|17||08/31/2009 SITTING WITH THE COURT: Graff, Benny A.|
|18||09/01/2009 APPEARANCES: Paul H. Myerchin/Bryan D. Denham, Asst. State's Attny.|
|19||09/01/2009 ARGUED: Myerchin/Denham|
|20||09/01/2009 ORAL ARGUMENT WEBCAST|
|21||10/15/2009 DISPOSITION: AFFIRMED|
|22||10/15/2009 UNANIMOUS OPINION: Maring, Mary Muehlen|
|23||10/19/2009 Judgment Sent to Parties|
|25||11/12/2009 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|