State v. Schmidt

20110234 State of North Dakota, Plaintiff and Appellee
v.
Steven Allen Schmidt, Defendant and Appellant

Appeal from: District Court, South Central Judicial District, Morton County
Judge Cynthia Feland
Nature of Action: Theft
Counsel:
Appellant: Travis Wayne Finck
Appellee: Brian David Grosinger , State's Attorney
Term: 02/2012   Argument: 02/13/2012  10:00am
ND cite: 2012 ND 120
NW cite: 817 N.W.2d 332

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
1. Did the state violate Mr. Schmidt's due process rights by failing to preserve evidence that was material and exculpatory and allowing the evidence to be destroyed?
2. Was the trial court in error in denying the appellant's pretrial Motion in Limine and allowing testimony regarding the contents of evidence that had been destroyed and not disclosed?
3. Did the trial court error in not including the defendant's requested jury instruction under the constitution of North Dakota and the United States?

Appellee's Statement of the Issues:
I. Whether there was a due process error when a private citizen responding to a police request produced a still photograph rather than a video from an in-store security video.
II. Whether there was an error in allowing the private citizen to testify to the contents of that citizen's in-store security video.
III. Whether there was error when the trial court denied the defendant's requested jury instruction that specified the jury should find a fact not in evidence favorable to the defendant?

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Docket entries:
108/12/2011 NOTICE OF APPEAL: 08/12/2011
209/09/2011 ELECTRONIC RECORD ON APPEAL (entry nos. 1 - 54)
310/04/2011 TRANSCRIPTS DATED 2-28-11, 3-28-11, 7-21-11, 8-3-11 & C.O.S.
410/04/2011 DISK - TRA's 2-28-11, 3-28-11, 7-21-11 & 8-3-11
511/09/2011 MOT. EXT/TIME APPELLANT BRIEF
611/09/2011 E-FILED MOTION
711/09/2011 ACTION BY CLERK. Granted: 12/14/2011
812/01/2011 APPELLANT BRIEF (e-filed)
912/01/2011 E-FILED BRIEF (ATB)
1012/01/2011 APPELLANT APPENDIX (e-filed)
1112/01/2011 E-FILED APPENDIX (ATA)
1212/05/2011 Electronic SUPPLEMENTAL RECORD ON APPEAL dated 12-2-11 (Entry Nos. 55-57)
1312/07/2011 Received 7 copies of ATB from CSD
1412/07/2011 Received 6 copies of ATA from CSD
1512/22/2011 E-filing surcharge for ATB paid 12/22/11 through inter-departmental billing.
1612/30/2011 APPELLEE BRIEF
1712/30/2011 DISK - aeb (CD-ROM)
1801/18/2012 NOTICE OF ORAL ARGUMENT SENT
1901/19/2012 2nd Electronic SUPPLEMENTAL RECORD ON APPEAL dated January 19, 2012 (entry nos. 58-59).
2002/13/2012 APPEARANCES: Travis Finck/Brian Grosinger, State's Attny.
2102/13/2012 ARGUED: Finck/Grosinger
2202/13/2012 ORAL ARGUMENT WEBCAST
2306/07/2012 DISPOSITION: AFFIRMED
2406/07/2012 UNANIMOUS OPINION: Sandstrom, Dale V.
2506/08/2012 Judgment Sent to Parties
2606/29/2012 MANDATE
2707/09/2012 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 10/01/2014