State v. Lehman
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| 20100002 |
State of North Dakota, Plaintiff and Appellee
v.
Troy Terrance Lehman, Defendant and Appellant
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| Appeal from: |
District Court,
East Central Judicial District,
Cass County
Judge Steven L. Marquart |
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Nature of Action: |
Misc. Statutory Offense (Felony)
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| Counsel: |
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| Term: |
05/2010 Argument: 05/24/2010 10:45am
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| ND cite: |
2010 ND 134
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| NW cite: |
785 N.W.2d 204
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| Issues: |
Appellant's Statement of the Issues:
I. Did the trial court err when it denied Defendant/Appellant Troy Lehman's motion for acquittal on the charge of Kidnaping?
II. Whether or not the trial court erred when it failed to instruct the jury on a private person's right to make an arrest?
IIII. Is the guilty verdict for Kidnaping an inconsistent verdict that must be set aside because the jury found Defendant/Appellant Troy Lehman not guilty of Attempt to Commit Theft by Deception?
Appellee's Statement of the Issues:
I. The trial court appropriately denied Defendant/Appellant Troy Lehman's motion for judgment of acquittal on the charge of Kidnapping.
II. The court did not err by not instructing a private citizen's right to make an arrest.
III. The jury's verdicts were not legally inconsistent.
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| 1 | | 01/04/2010 | |
NOTICE OF APPEAL: 12/30/2009 |
| 2 | | 01/04/2010 | |
ORDER FOR TRANSCRIPT: 12/30/2009 |
| 3 | | 01/15/2010 | |
TRANSCRIPT dated December 19, 2008 |
| 4 | | 01/15/2010 | |
DISK - TRA of 12-19-08 |
| 5 | | 01/27/2010 | |
TRANSCRIPTS DATED December 23, 2008, January 22, 2009, March 18, 2009, June 10, 2009, |
| 6 | | 01/27/2010 | |
October 29, 2009, & December 22, 2009 |
| 7 | | 01/27/2010 | |
DISK of TRAS dtd 12-23-08, 1-22-09, 3-18-09, 6-10-09, 10-29-09, & 12-22-09 |
| 8 | | 02/10/2010 | |
TRANSCRIPTS DATED 9/22/09, 9/23/09, 9/24/09 & C.O.S. |
| 9 | | 02/10/2010 | |
DISK-TRA (9/22/09, 9/23/09 & 9/24/09). E-MAILED |
| 10 | | 02/11/2010 | |
RECORD ON APPEAL (Electronic) |
| 11 | | 02/19/2010 | |
First Supplemental Clerk's Certificate dated 2-19-10 (Electronic) (Entry Nos.164-165) |
| 12 | | 02/25/2010 | |
Second Supplemental Clerk's Cert. dated 2-25-10 (Electronic) (Entry Nos. 166-168) |
| 13 | | 02/25/2010 | |
Transcript of Jury Voir Dire dated 9-22-09 |
| 14 | | 02/25/2010 | |
DISK - Transcript of Jury Voir Dire dated 9-22-09 (E-mailed) |
| 15 | | 03/17/2010 | |
APPELLANT BRIEF |
| 16 | | 03/17/2010 | |
APPELLANT APPENDIX |
| 17 | | 03/18/2010 | |
DISK - ATB (e-mailed) |
| 18 | | 04/16/2010 | |
APPELLEE BRIEF (e-filed) |
| 19 | | 04/16/2010 | |
E-FILED BRIEF (AEB) |
| 20 | | 04/16/2010 | |
APPELLEE APPENDIX (e-filed) PDF |
| 21 | | 04/16/2010 | |
E-FILED APPENDIX (e-filed) PDF |
| 22 | | 04/20/2010 | |
NOTICE OF ORAL ARGUMENT SENT |
| 23 | | 04/21/2010 | |
Received $25 e-filing surcharge for AEB (Receipt #19455). |
| 24 | | 04/22/2010 | |
Received copies of AEB from CSD |
| 25 | | 04/22/2010 | |
Received copies of AEA from CSD |
| 26 | | 05/24/2010 | |
APPEARANCES: Benjamin C. Pulkrabek; Ryan J. Younggren, Asst. State's Attny. |
| 27 | | 05/24/2010 | |
ARGUED: Pulkrabek; Younggren |
| 28 | | 05/24/2010 | |
ORAL ARGUMENT WEBCAST |
| 29 | | 07/13/2010 | |
DISPOSITION: AFFIRMED |
| 30 | | 07/13/2010 | |
UNANIMOUS OPINION: Maring, Mary Muehlen |
| 31 | | 07/15/2010 | |
Judgment Sent to Parties |
| 32 | | 07/26/2010 | |
PETITION FOR REHEARING (e-filed) |
| 33 | | 07/26/2010 | |
E-FILED BRIEF (PER) |
| 34 | | 07/28/2010 | |
Received 7 copies of PER from Central Duplicating. |
| 35 | | 08/17/2010 | |
ACTION BY SUPREME COURT (PER). Denied |
| 36 | | 08/27/2010 | |
MANDATE |
| 37 | | 08/30/2010 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |