State v. Schmidt
State of North Dakota, Plaintiff and Appellee
Steven Allen Schmidt, Defendant and Appellant
South Central Judicial District,
Judge Cynthia Feland
|Nature of Action:||Theft|
|Term:||02/2012  Argument: 02/13/2012|
|ND cite:||2012 ND 120|
817 N.W.2d 332
Listen to recording of oral argument in MP3 format
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?
|Add Docket 20110234 RSS|
|1||08/12/2011 NOTICE OF APPEAL: 08/12/2011|
|2||09/09/2011 ELECTRONIC RECORD ON APPEAL (entry nos. 1 - 54)|
|3||10/04/2011 TRANSCRIPTS DATED 2-28-11, 3-28-11, 7-21-11, 8-3-11 & C.O.S.|
|4||10/04/2011 DISK - TRA's 2-28-11, 3-28-11, 7-21-11 & 8-3-11|
|5||11/09/2011 MOT. EXT/TIME APPELLANT BRIEF|
|6||11/09/2011 E-FILED MOTION|
|7||11/09/2011 ACTION BY CLERK. Granted: 12/14/2011|
|8||12/01/2011 APPELLANT BRIEF (e-filed)|
|9||12/01/2011 E-FILED BRIEF (ATB)|
|10||12/01/2011 APPELLANT APPENDIX (e-filed)|
|11||12/01/2011 E-FILED APPENDIX (ATA)|
|12||12/05/2011 Electronic SUPPLEMENTAL RECORD ON APPEAL dated 12-2-11 (Entry Nos. 55-57)|
|13||12/07/2011 Received 7 copies of ATB from CSD|
|14||12/07/2011 Received 6 copies of ATA from CSD|
|15||12/22/2011 E-filing surcharge for ATB paid 12/22/11 through inter-departmental billing.|
|16||12/30/2011 APPELLEE BRIEF|
|17||12/30/2011 DISK - aeb (CD-ROM)|
|18||01/18/2012 NOTICE OF ORAL ARGUMENT SENT|
|19||01/19/2012 2nd Electronic SUPPLEMENTAL RECORD ON APPEAL dated January 19, 2012 (entry nos. 58-59).|
|20||02/13/2012 APPEARANCES: Travis Finck/Brian Grosinger, State's Attny.|
|21||02/13/2012 ARGUED: Finck/Grosinger|
|22||02/13/2012 ORAL ARGUMENT WEBCAST|
|23||06/07/2012 DISPOSITION: AFFIRMED|
|24||06/07/2012 UNANIMOUS OPINION: Sandstrom, Dale V.|
|25||06/08/2012 Judgment Sent to Parties|
|27||07/09/2012 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|