State v. Clark
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| 20110359 |
State of North Dakota, Plaintiff and Appellee
v.
Branden Thurman Clark, Defendant and Appellant
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| Appeal from: |
District Court,
Northeast Central Judicial District,
Grand Forks County
Judge Lawrence E. Jahnke |
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Nature of Action: |
Theft
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| Counsel: |
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| Term: |
05/2012 Argument: 05/14/2012 11:00am
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| ND cite: |
2012 ND 135
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| NW cite: |
818 N.W.2d 739
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| Issues: |
Appellant's Statement of the Issues:
1. Whether the trial court erred (committed prejudicial and reversible error) by not allowing an additional jury instruction that Mr. Clark did honestly believe that he had a valid claim to the property.
2. Whether the trial court erred by instructing the jury on the elements of Theft of Property Delivered By Mistake.
3.Whether there is sufficient evidence of the Defendant's knowledge and intent in the record to support a conviction for the crime of Theft of Property.
4.Whether the trial court's imposing a sentence of eight (8) years in prison based on Mr. Clark being a habitual offender when Mr. Clark had originally received a sentence of four (4) years in prison in this case, was clearly erroneous and excessive.
5. Whether the trial court erred by admitting certain evidence that was not provided to the Defendant prior to trial thereby committing a Brady violation?
6. Whether the trial court's initial violation of due process caused severe prejudice and irreversible error by subjecting evidence to the usual risk of imprecision and distortion from the passage of time.
7. Whether the trial judge should have disqualified himself.
8. Whether Mr. Clark was denied his Eight Amendment Constitutional right to bail.
9. Whether the trial court improperly compelled Mr. Clark to surrender his Fifth Amendment right in order to negate an essential element of the case.
10. Whether prosecutorial vindictiveness existed in this case.
II. Whether Mr. Clark was denied his First, Fifth, Sixth, Eighth, and Fourteenth Amendment Constitutional rights to access the courts, when he was deprived of legal materials while awaiting retrial at the Grand Forks County Correctional Center.
Appellee's Statement of the Issues:
I. The trial court did not commit prejudicial and reversible error when it did not allow an additional jury instruction that Mr. Clark did honestly believe that he had a valid claim to the property.
II. The trial court did not err when it instructed the jury on the elements of Theft of Property Delivered by Mistake.
III. There is sufficient evidence of Mr. Clark's knowledge and intent in the record to support a conviction for the crime of Theft of Property.
IV. The trial court's imposition of a sentence of eight (8) years in prison based on Mr. Clark being a habitual offender was not erroneous or excessive.
V. The trial court did not commit a Brady violation when it admitted marked copes of sales invoices generated by Acme.
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| 1 | | 12/14/2011 | |
NOTICE OF APPEAL: 12/14/2011 |
| 2 | | 12/14/2011 | |
ORDER FOR TRANSCRIPT: 12/14/2011 |
| 3 | | 12/16/2011 | |
STATEMENT |
| 4 | | 01/25/2012 | |
TRANSCRIPT DATED 12/6/11 & C.O.S. |
| 5 | | 01/25/2012 | |
DISK-TRA (12/6/11) E-MAILED |
| 6 | | 02/01/2012 | |
Electronic RECORD ON APPEAL dated January 31, 2012 (entry nos.1-5,7,9,11-17,19,20,22-114,117-146) |
| 7 | | 02/01/2012 | |
(not scanned nos.6,8,10,18,& 21)(deleted nos.115,116 & 147) |
| 8 | | 02/02/2012 | |
1st Electronic SUPPLEMENTAL RECORD ON APPEAL dated February 1, 2012 (entry nos. 148 & 149) |
| 9 | | 02/24/2012 | |
MOT. EXT/TIME TRANSCRIPT (by Clark, pro se) |
| 10 | | 02/24/2012 | |
NO ACTION TAKEN |
| 11 | | 03/05/2012 | |
APPELLANT BRIEF(pdf) |
| 12 | | 03/05/2012 | |
E-FILED BRIEF |
| 13 | | 03/05/2012 | |
APPELLANT APPENDIX |
| 14 | | 03/05/2012 | |
E-FILED APPENDIX |
| 15 | | 03/05/2012 | |
Received $25 surcharge for ATB (receipt #20914) |
| 16 | | 03/08/2012 | |
Supplemental Order for Transcript |
| 17 | | 03/09/2012 | |
2nd Electronic SUPPLEMENTAL RECORD ON APPEAL dated March 8, 2012 (ENTRY NOS. 150 - 152) |
| 18 | | 03/19/2012 | |
Received 7 copies of ATB from Central Duplicating |
| 19 | | 03/19/2012 | |
Received 6 copies of ATA from Central Duplicating |
| 20 | | 03/23/2012 | |
ELEC. THIRD SUPPLEMENTAL RECORD ON APPEAL (ENTRY NOS.153-156) |
| 21 | | 03/23/2012 | |
Second Supplemental Order for Transcript filed by Appellant Branden T. Clark |
| 22 | | 04/03/2012 | |
MOT. EXT/TIME TRANSCRIPT |
| 23 | | 04/03/2012 | |
ACTION BY CLERK. Granted: 04/13/2012 |
| 24 | | 04/04/2012 | |
APPELLEE BRIEF |
| 25 | | 04/04/2012 | |
E-FILED BRIEF (aeb) |
| 26 | | 04/04/2012 | |
APPELLEE APPENDIX |
| 27 | | 04/04/2012 | |
E-FILED APPENDIX (aea) |
| 28 | | 04/09/2012 | |
Received $25.00 surcharge for AEB (Receipt # 20959) |
| 29 | | 04/09/2012 | |
Received Consent to Appearance Under the Senior Practice Rule for Heather Harris |
| 30 | | 04/10/2012 | |
ELEC. FOURTH SUPPLEMENTAL RECORD ON APPEAL (ENTRY NOS.157-158) dated April 9, 2012 |
| 31 | | 04/11/2012 | |
NOTICE OF ORAL ARGUMENT SENT |
| 32 | | 04/11/2012 | |
Received Affidavit of Service for ATB & ATA for Mr. Clark |
| 33 | | 04/11/2012 | |
SUPPLEMENTAL BRIEF OF INDIGENT DEFENDANT UNDER RULE 24 |
| 34 | | 04/11/2012 | |
E-FILED BRIEF (supplemental brief of indigent defendant) |
| 35 | | 04/13/2012 | |
Receved 7 copies of ATB from Central Duplicating |
| 36 | | 04/13/2012 | |
Received 6 copies of AEB from Central Duplicating (pdf) |
| 37 | | 04/17/2012 | |
Received 7 copies of Supplemental Brief of Indigent Defendant from Central Duplicating |
| 38 | | 04/19/2012 | |
MOTION FOR Additional Transcripts ("Show Cause") - referred to the Court for whatever consideration |
| 39 | | 04/19/2012 | |
the Court deems appropriate |
| 40 | | 04/20/2012 | |
TRANSCRIPT DATED DECEMBER 9, 2011, & C.O.S. |
| 41 | | 04/20/2012 | |
DISK-TRA (12/9/11) E-MAILED |
| 42 | | 04/26/2012 | |
THIRD SUPPLEMENTAL ORDER FOR TRANSCRIPT (9/21/11, 10/26/11, 11/2/11) & AFFIDAVIT OF SERVICE |
| 43 | | 04/26/2012 | |
ELEC. SUPPLEMENTAL RECORD ON APPEAL DATED 4/20/12 (ENTRY NOS. 159-160 ) |
| 44 | | 04/26/2012 | |
ELEC. SUPPLEMENTAL RECORD ON APPEAL DATED APRIL 26, 2012 (ENTRY NOS.161-163) |
| 45 | | 05/04/2012 | |
Order by tr ct dated 5/3/12 denying 3rd Supp Order for Tra (9/21/11, 10/26/11 & 11/2/11) |
| 46 | | 05/04/2012 | |
ELEC. SUPPLEMENTAL RECORD ON APPEAL DATED 5/4/12 (ENTRY NOS.164-165) |
| 47 | | 05/14/2012 | |
APPEARANCES: Blake D. Hankey; Faye A. Jasmer |
| 48 | | 05/14/2012 | |
ARGUED: Blake D. Hankey; Faye A. Jasmer |
| 49 | | 05/14/2012 | |
ORAL ARGUMENT WEBCAST |
| 50 | | 07/12/2012 | |
DISPOSITION: AFFIRMED |
| 51 | | 07/12/2012 | |
UNANIMOUS OPINION: Crothers, Daniel John |
| 52 | | 07/12/2012 | |
NO ACTION TAKEN (MOTION FOR Additional Transcripts ("Show Cause")) |
| 53 | | 07/13/2012 | |
Judgment Sent to Parties |
| 54 | | 07/26/2012 | |
PETITION FOR REHEARING (PDF) |
| 55 | | 07/26/2012 | |
E-FILED BRIEF (PDF) |
| 56 | | 07/30/2012 | |
Received 7 copies of PER from Central Duplicating |
| 57 | | 08/16/2012 | |
ACTION BY SUPREME COURT. Denied |
| 58 | | 08/24/2012 | |
MANDATE |
| 59 | | 08/28/2012 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |