State v. Wacht

20120320 State of North Dakota, Plaintiff and Appellee
v.
Daniel Evan Wacht, Defendant and Appellant

Appeal from: District Court, Southeast Judicial District, Griggs County
Judge James D. Hovey
Nature of Action: Homicide
Counsel:
Appellant: Steven D. Mottinger
Appellee: Marina Spahr , Asst. State's Attorney
Appellee: Jonathan R. Byers , Att. General Office
Term: 04/2013   Argument: 04/22/2013  10:45am
ND cite: 2013 ND 126
NW cite: 833 N.W.2d 455

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
I. Whether the Judgment should be reversed because the trial court erred in denying Defendant's Motion to Suppress Evidence obtained from the illegal searches of defendant's van and home.
II. Whether the Judgment should be reversed because the trial court erred in denying Defendant's Motion to Exclude Evidence under Rule 404(b) of the North Dakota Rules of Evidence.
III. Whether the Judgment should be reversed because, as a matter of law, there was insufficient evidence on which to find defendant guilty beyond a reasonable doubt.

Indigent defendant supplemental brief issues:
1. Whether probable cause was established to justify the issue of the search warrant for the van. Whether the Judge erred in not suppressing evidence obtained from this search.
2. Whether probable cause was established to justify the issue of the first search warrant for the property of 1407 Lenham. Whether the Judge erred in not suppressing evidence obtained from this search. Whether Law Enforcement erred in the execution of the warrant by knowingly and actively searching for items not listed on the warrant.
3. Whether evidence in violation of Rule 16(c) N.D.R.Crim.P. and/or without foundation in regards to the circumstances of its discovery was admitted in trial
4. Whether I was denied my United States Constitutions 61h amendment right to a fair and impartial jury due to errors made by the Judge during the jury selection process.

Appellee's Statement of the Issues:
I. The search of wacht's home and automobile were conducted reasonably and after issuance of search warrants based on probable cause
II. The district court did not abuse its discretion in admitting evidence of wacht's involvement in the murder or his motive, intent, opportunity, or preparation to commit it
III. There was sufficient evidence for the jury to conclude that wacht committed the crime of murder
IV. The state fully complied with its rule 16 discovery Obligations relating to gloves tested at the state crime laboratory.
V. Wacht was not denied his sixth amendment right to a fair and impartial jury

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Docket entries:
108/13/2012 NOTICE OF APPEAL: 08/10/2012
208/13/2012 ORDER FOR TRANSCRIPT: 08/10/2012
309/07/2012 ELEC. RECORD ON APPEAL DATED 9/6/12 (ENTRY NOS.1-117) Not rec'd-State's Exhbit Nos. 69, 90, 91, 99,
409/07/2012 114, 118-126, 128, 131-142, 162-167, 167a, 168 & 177
509/12/2012 ELEC. SUPP. RECORD ON APPEAL DATED 9/11/12 (ENTRY NO.118) ENTRY NOS. 89-91, 93-95 (5 binders) rec'd
609/12/2012 via U.S. mail. Exhibit Nos. 17 (Entry No. 89) & 33-34 (Entry Nos. 90) not received - stricken items
709/13/2012 2ND ELEC. SUPP. RECORD ON APPEAL DATED 9/12/12 (ENTRY NOS.119). ENTRY NO. 92 REC'D VIA U.S. MAIL
809/26/2012 MOT. EXT/TIME TRANSCRIPT
909/26/2012 ACTION BY TRIAL COURT. Granted: 11/08/2012
1009/26/2012 3RD ELEC. SUPP. RECORD ON APPEAL DATED SEPTEMBER 25, 2012 (ENTRY NOS. 120-122)
1111/08/2012 TRANSCRIPTS DATED 4/16/12, 4/17,12, 4/18/12, 4/19/12, 4/20/12, 4/23/12, 4/24/12, & 8/1/12 & C.O.S.
1211/08/2012 DISK of tras 4/16/12, 4/17/12, 4/18/12, 4/19/12, 4/20/12, 4/23/12, 4/24/12, & 8/1/12 (e-mailed)
1312/14/2012 MOT. EXT/TIME APPELLANT BRIEF
1412/14/2012 ACTION BY CLERK: 01/17/2013
1501/22/2013 Rcv'd corrected ata (missing pg 26 & SC #)
1601/22/2013 Rcv'd $25 surcharge for ATB
1701/17/2013 APPELLANT BRIEF
1801/17/2013 E-FILED BRIEF
1901/17/2013 APPELLANT APPENDIX
2001/17/2013 E-FILED APPENDIX
2101/24/2013 Rcv'd 7 copies of ATB from CSD
2201/24/2013 Rcv'd 6 copies of ATA from CSD
2302/08/2013 MOT. EXT/TIME APPELLEE BRIEF
2402/08/2013 ACTION BY CLERK (with understanding it will be set for April Term). Granted: 03/19/2013
2502/05/2013 Supplemental Brief of Indigent Appellant under N.D.R.App.P. 24 (PDF)
2602/05/2013 Appendix for Supplemental Brief of Indigent Defendant
2702/25/2013 DISK NONCOMPLIANCE
2803/15/2013 MOTION FOR Additional words in the brief of AEB
2903/18/2013 NOTICE OF ORAL ARGUMENT SENT
3003/18/2013 ACTION BY CHIEF JUSTICE (A total of 11,000 words for Appellee's brief is approved). Granted
3103/19/2013 4th SUPP. ROA DATED 3/19/13 (ENTRY NOS. 91-EXHIBIT 168 & 94-EXHIBITS 163-166 HAND-DELIVERED)
3203/19/2013 APPELLEE BRIEF
3303/19/2013 DISK - AEB
3404/18/2013 Request for Media Coverage (Prairie Public Broadcasting)
3504/18/2013 E-FILED MOTION
3604/18/2013 ACTION BY CLERK. Granted
3704/22/2013 APPEARANCES: Steven D. Mottinger; Marina Spahr; Jonathan R. Byers
3804/22/2013 ARGUED: Steven D. Mottinger; Marina Spahr
3904/22/2013 ORAL ARGUMENT WEBCAST
4007/18/2013 DISPOSITION: AFFIRMED
4107/18/2013 UNANIMOUS OPINION: VandeWalle, Gerald W.
4207/19/2013 Judgment Sent to Parties
4308/20/2013 MANDATE
4408/23/2013 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
4508/30/2013 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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