State v. Clark
State of North Dakota, Plaintiff and Appellee
Branden Thurman Clark, Defendant and Appellant
Northeast Central Judicial District,
Grand Forks County
Judge Lawrence E. Jahnke
|Nature of Action:||Theft|
|Term:||05/2012  Argument: 05/14/2012|
|ND cite:||2012 ND 135|
818 N.W.2d 739
Listen to recording of oral argument in MP3 format
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.
|Add Docket 20110359 RSS|
|1||12/14/2011 NOTICE OF APPEAL: 12/14/2011|
|2||12/14/2011 ORDER FOR TRANSCRIPT: 12/14/2011|
|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|
|59||08/28/2012 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|