State v. Chisholm

20110228 State of North Dakota, Plaintiff and Appellee
v.
Rodney Ray Chisholm, Defendant and Appellant

Appeal from: District Court, Northeast Central Judicial District, Grand Forks County
Judge Lawrence E. Jahnke
Nature of Action: Homicide
Counsel:
Appellee: Mark Jason McCarthy , Asst. State's Attorney
Appellant: Pro se
Term: 01/2012   Argument: 01/17/2012  9:30am
ND cite: 2012 ND 147
NW cite: 818 N.W.2d 707

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
1.Whether the District Court abused its discretion denying the admission of evidence relating to specific instances of conduct of the Deceased.
2.Whether the District Court abused its discretion in determining the proffered evidence was irrelevant based on a passage of time.


Appellee's Statement of the Issues:
Whether the District Court abused its discretion when it permitted numerous instances of character evidence of the victim to be introduced but excluded one specific alleged incident of conduct by the victim that was not admissible pursuant to Rule 402 and 403 of the North Dakota Rules of Evidence?

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Docket entries:
108/09/2011 NOTICE OF APPEAL: 08/01/2011
208/09/2011 ORDER FOR TRANSCRIPT: 08/01/2011
308/09/2011 ACKNOWLEDGMENT OF ORDER FOR TRANSCRIPT & RETENTION OF RECORD ON APPEAL: 09/20/2011
409/20/2011 ELECTRONIC RECORD ON APPEAL (ENTRY NOS. 1-165). NOT REC'D WERE ENTRY NOS. 7, 20, 31, 39, 67-84,
509/20/2011 87, 88, 91, 94-115, 118-128, 131-142.
609/15/2011 TRANSCRIPTS DATED 4/26/11, 4/27/11, 4/28/11, 4/29/11, 5/2/11 AND 5/3/11 & C.O.S.
709/27/2011 DISK-tra (4/26/11, 4/27/11, 4/28/11, 5/2/11 AND 5/3/11) e-mailed
809/30/2011 Received corrected index pages for transcripts.
910/03/2011 DISK-tra (4/29/11) e-mailed
1010/03/2011 MOT. EXT/TIME APPELLANT BRIEF (e-filed)
1110/03/2011 E-FILED MOTION (MAT)
1210/03/2011 ACTION BY CHIEF DEPUTY CLERK (MAT). Granted: 11/14/2011
1311/14/2011 APPELLANT BRIEF (PDF) e-filed
1411/14/2011 E-FILED BRIEF (ATB) PDF
1511/14/2011 APPELLANT APPENDIX (e-filed)
1611/14/2011 E-FILED APPENDIX (ATA)
1711/16/2011 Received $25 e-filing surcharge for ATB (Receipt #20750).
1811/21/2011 Received 7 copies of ATB from Central Duplicating.
1911/21/2011 Received 6 copies of ATA from Central Duplicating.
2012/15/2011 NOTICE OF ORAL ARGUMENT SENT
2112/14/2011 APPELLEE BRIEF (e-filed) PDF
2212/14/2011 E-FILED BRIEF (AEB) PDF
2312/16/2011 Received $25 e-filing surcharge for AEB (Receipt #20791).
2412/16/2011 Received 7 copies of AEB from Central Duplicating.
2512/16/2011 1ST SUPPLEMENTAL ELECTRONIC RECORD ON APPEAL (ENTRY NOS. 115, 119, 121 & 123).
2612/29/2011 Request to Waive Oral Argument by Appellant
2712/30/2011 ACTION BY SUPREME COURT. Granted
2801/17/2012 APPEARANCES: AT counsel waived; M. Jason McCarthy
2901/17/2012 ARGUED: Waived; McCarthy
3001/17/2012 ORAL ARGUMENT WEBCAST
3102/09/2012 Attorney Steven Light passed away
3203/20/2012 MOTION FOR additional proceedings in the pending appeal
3303/22/2012 ACTION BY CHIEF JUSTICE. Denied
3407/12/2012 DISPOSITION: AFFIRMED
3507/12/2012 UNANIMOUS OPINION: VandeWalle, Gerald W.
3607/13/2012 Judgment Sent to Parties
3708/09/2012 MANDATE
3808/13/2012 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 11/26/2014