State v. Schmidt
|
| 20110082 |
State of North Dakota, Plaintiff and Appellee
v.
Kari Ann Marie Schmidt, Defendant and Appellant
|
| Appeal from: |
District Court,
East Central Judicial District,
Cass County
Judge Steven E. McCullough |
|
Nature of Action: |
Drugs/Contraband
|
| Counsel: |
|
| Term: |
09/2011 Argument: 09/07/2011 01:30pm
|
| ND cite: |
2011 ND 238
|
| NW cite: |
807 N.W.2d 593
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
|
|
|
| Issues: |
Appellant's Statement of the Issues:
I. Whether there was sufficient evidence to provide an affirmative defense of entrapment.
II. Whether the crime came dangerously close to be considered a C felony rather than an A misdemeanor?
Appellee's Statement of the Issues:
I.Whether the district court correctly concluded the Defendant did not establish the affirmative defense of entrapment.
II.Whether the Defendant properly preserved the issue of whether the attempt came dangerously close to the commission of the crime for this appeal; therefore, any appellate review would require application of the "clear error" standard.
|
|
 Add Docket 20110082 RSS
|
| 1 | | 03/29/2011 | |
NOTICE OF APPEAL: 03/25/2011 |
| 2 | | 04/05/2011 | |
ORDER FOR TRANSCRIPT: 03/30/2011 |
| 3 | | 05/03/2011 | |
TRANSCRIPTS DATED 12/13/10 & 3/7/11 & C.O.S. |
| 4 | | 04/27/2011 | |
ELECTRONIC RECORD ON APPEAL (ENTRY NOS. 1-43). |
| 5 | | 06/08/2011 | |
APPELLANT BRIEF |
| 6 | | 06/08/2011 | |
E-FILED BRIEF - ATB |
| 7 | | 06/08/2011 | |
APPELLANT APPENDIX |
| 8 | | 06/08/2011 | |
E-FILED APPENDIX - ATA |
| 9 | | 06/10/2011 | |
Rec'd $25.00 ATB e-file surcharge. (receipt no. 20356) |
| 10 | | 06/13/2011 | |
Received 7 copies of ATB from CSD |
| 11 | | 06/13/2011 | |
Received 6 copies of ATA from CSD |
| 12 | | 07/08/2011 | |
APPELLEE BRIEF (e-filed) |
| 13 | | 07/08/2011 | |
E-FILED BRIEF (AEB) |
| 14 | | 07/13/2011 | |
RECEIVED WRITTEN CONSENT OF TRACY J. PETERS FOR 3RD YEAR STEPHEN WELLE. |
| 15 | | 07/14/2011 | |
Received $25 e-filing surcharge for AEB (Receipt #20556). |
| 16 | | 07/18/2011 | |
Received 7 copies of AEB from Central Duplicating. |
| 17 | | 07/19/2011 | |
NOTICE OF ORAL ARGUMENT SENT |
| 18 | | 09/07/2011 | |
APPEARANCES: Robin L. Olson/Tracy J. Peters, Asst. State's Attny. |
| 19 | | 09/07/2011 | |
ARGUED: Olson/Peters |
| 20 | | 09/07/2011 | |
ORAL ARGUMENT WEBCAST |
| 21 | | 09/26/2011 | |
Supplemental Clerk's Electronic Certificate on Appeal dated September 23, 2011 (Entry Nos. 44 & 45) |
| 22 | | 12/13/2011 | |
DISPOSITION (and Remanded): AFFIRMED |
| 23 | | 12/13/2011 | |
UNANIMOUS OPINION: Crothers, Daniel John |
| 24 | | 12/14/2011 | |
Judgment Sent to Parties |
| 25 | | 01/04/2012 | |
MANDATE |
| 26 | | 01/10/2012 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |