State v. Entzi

990329 State of North Dakota, Plaintiff and Appellee
v.
Bruce Lynn Entzi, Defendant and Appellant
Appeal from: District Court, South Central Judicial District, McIntosh County
Judge Bruce B. Haskell
Nature of Action: Sexual Offense
Counsel:
Appellant: Vogel Law Firm
Appellee: Terry W. Elhard , State's Attorney
Term: 05/2000   Argument: 05/01/2000  10:45AM
ND cite: 2000 ND 148
NW cite: 615 N.W.2d 145

Issues: Appellant's Statement of the Issues:
I. Is Bruce entitled to a new trial because the court failed to conduct voir dire on the record?
A Is It Impossible To Re-Create The Jury Selection?
B. Was Bruce's Constitutional Right to A Meaningful Appeal Violated?
C. Did Bruce Waive His Constitutional Right To A Meaningful Appeal?
II. Did the trial court conduct the jury selection improperly?
A. Was Bruce's Right To Exercise Peremptory Challenges Violated Because The Court Improperly Refused To Excuse Jurors For Cause?
B. Did The Jury That Decided Bruce's Case Include Biased Jurors Who Should Have Been Excused For Cause?
III. Did the court improperly deny Bruce's motion in limine?
IV. Did the district court abuse its discretion when it refused to grant Burce a continuance?
V.Is Bruce entitled to a new sentencing hearing because the court conducted the sentencing hearing in the wrong county?

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Docket entries:
110/29/1999 NOTICE OF APPEAL: 10/27/1999
210/29/1999 ORDER FOR TRANSCRIPT: 10/27/1999
310/29/1999 RETENTION OF RECORD ON APPEAL: 12/16/1999
411/01/1999 ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning
512/01/1999 RECORD ON APPEAL & separates 63-2, 64, 65 (depo trans.), 66 (video depo & transcript) 79 & 80 (PSI)
612/01/1999 Not rec'd were: Defendant's Exh 1 (Sketch of Farmhouse) & Exh. 2 (Photograghs of Farmhouse)
712/10/1999 TRANSCRIPT DATED 8/11/99, 8/12/99, & 10/19/99
812/10/1999 DISK - TRA (8/11/99, 8/12/99, & 10/19/99)
901/19/2000 MOT. EXT/TIME APPELLANT BRIEF
1001/19/2000 ACTION BY CLERK. Granted: 02/05/2000
1101/31/2000 MOT. EXT/TIME APPELLANT BRIEF
1201/31/2000 ACTION BY SUPREME COURT (MAT/WAN). Granted: 03/06/2000
1303/03/2000 Response to State's Objections to Appellant's Statement of Record, Affidavit of Service by Mail, &
1403/03/2000 correspondence dated 3-1-00 (Marked as Entry Nos. 101A, 101B, & 101C) were added to
1503/03/2000 Supplemental Clerk's Certificate of Record dated 3-2-00 (Entry Nos. 96-101(c)
1603/03/2000 (NOTE: Record & Supplemental were sent to Judge Haskell for consideration of the Statement of
1703/03/2000 the Record & the Objections)
1803/03/2000 RETURN OF ROA & Supplement TO DIST. CT.
1903/06/2000 APPELLANT BRIEF
2003/06/2000 APPELLANT APPENDIX
2103/07/2000 DISK - ATB
2203/09/2000 Letter from Judge Haskell regarding "State of Record"
2303/09/2000 RECORD ON APPEAL & Supp. Cert. dated March 2, 2000
2403/15/2000 MOTION FOR RETURN OF RECORD FOR JUDGE HASKELL TO RULE ON "STATE OF RECORD" (sua sponte)
2503/15/2000 ACTION BY CLERK (MOT/return ROA/sua sponte). Granted
2603/15/2000 RETURN OF ROA TO JUDGE HASKELL TO DISPOSE OF "STATE OF RECORD"
2703/17/2000 MOTION FOR PERMISSION TO FILE A SUPPLEMENTAL APPELLANT'S BRIEF
2803/17/2000 ACTION BY CHIEF JUSTICE (MOTION/SUPPLEMENTAL ATB). Denied
2903/22/2000 RECORD ON APPEAL (refiled) 2 Vols. (NOTE: Vol. II contains Suppl. Clerk's Cert. dated 3-02-00)
3004/03/2000 APPELLEE BRIEF (see Docket Memo)
3104/03/2000 DISK - AEB
3204/06/2000 DISK - AEB (corrected)
3304/18/2000 SITTING WITH THE COURT: Schmalenberger, Allan L.
3404/20/2000 REPLY BRIEF
3504/24/2000 DISK - RYB
3605/01/2000 APPEARANCES: Monte L. Rogneby; Terry W. Elhard
3705/01/2000 ARGUED: Rogneby; Elhard (Vol. X; page 21)
3805/01/2000 ORAL ARGUMENT WEBCAST
3907/24/2000 DISPOSITION (Remanded): AFFIRMED/PT, REVERSED/PT
4007/24/2000 UNANIMOUS OPINION: VandeWalle, Gerald W.
4107/24/2000 Judgment Mailed to Parties
4208/15/2000 MANDATE
4304/19/2005 MOTION FOR Extension of Time to Expunge File
4404/19/2005 ACTION BY CLERK (time for expungement extended to July 1, 2007). Granted

Generated from Supreme Court Docket on 12/04/2008