State v. Aune
Docket No. 20200159
Oral Argument:
Tuesday, December 8, 2020 9:30 AM
Docket Info
- Title
- State of North Dakota, Plaintiff and Appellee
v.
Steven Donald Aune, Defendant and Appellant - Case Type
- CRIMINAL APPEAL : HOMICIDE
- Appeal From
-
Case No. 2019-CR-00117
Northeast Judicial District, Walsh County
Barbara L. Whelan
2021 ND 7953 N.W.2d 601
Oral Argument
12/8/2020
Highlight
A defendant may not challenge a jury verdict as inconsistent based upon an alleged error he invited by requesting an instruction on a lesser included offense. If a defendant does not object to the introduction of prior convictions at sentencing, and the prior convictions were not relied upon to enhance the term of incarceration, the appropriate standard of review is obvious error. It is not error to consider a defendant’s prior convictions as a part of their criminal history under N.D.C.C. § 12.1-32-04 if there has been no showing that the prior convictions were uncounseled and without proper waiver.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
Seq. # | Filing Date | Description | Attachment |
---|---|---|---|
1 | 06/09/2020 | NOTICE OF APPEAL : 06/09/2020 | |
2 | 06/09/2020 | ORDER FOR TRANSCRIPT : 06/11/2020 | |
3 | 06/09/2020 | NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV. | |
4 | 06/09/2020 | Notice served on Steven D. Mottinger and Kelley M. Riley Cole | |
5 | 06/11/2020 | Rec'd Not. of Assignment of Counsel by Kiara Kraus-Parr. | |
6 | 07/02/2020 | ELEC. RECORD ON APPEAL DATED July 1, 2020 (ENTRY NOS.1 through 1-41; 42-92; 96-116; 118-120; | |
7 | 07/07/2020 | 125-146; 149-189) Not Elect.-Entry Nos.: 42(no doc.), 93-95, 117, 121-124, 147 & 148 (exhibits) | |
8 | 07/07/2020 | Amended ELEC. RECORD ON APPEAL DATED July 6, 2020 (ENTRY NOS.1-41, 43-191) | |
9 | 07/07/2020 | Items Not Sent: Entry Nos. 42 (deleted); 93-95, 117, 119, 121-124, 147, and 148 (exhibits) | |
10 | 08/07/2020 | ELECTRONIC TRANSCRIPT DATED MAY 2, 2019 | |
11 | 08/07/2020 | ELECTRONIC TRANSCRIPT DATED JUNE 6, 2019 | |
12 | 08/07/2020 | ELECTRONIC TRANSCRIPT DATED OCTOBER 16, 2019 | |
13 | 08/07/2020 | ELECTRONIC TRANSCRIPT DATED JANUARY 9, 2020 | |
14 | 08/07/2020 | ELECTRONIC TRANSCRIPT DATED JANUARY 14, 2020 | |
15 | 08/07/2020 | ELECTRONIC TRANSCRIPT DATED JANUARY 15, 2020 | |
16 | 08/07/2020 | ELECTRONIC TRANSCRIPT DATED JANUARY 16, 2020 | |
17 | 08/07/2020 | ELECTRONIC TRANSCRIPT DATED JANUARY 17, 2020 | |
18 | 08/07/2020 | ELECTRONIC TRANSCRIPT DATED JUNE 4, 2020 | |
19 | 08/07/2020 | Redaction Key for all transcripts | |
20 | 08/07/2020 | Certificate of Service for Transcripts | |
21 | 08/12/2020 | 1ST ELEC. SUPP. RECORD ON APPEAL DATED AUGUST 12, 2020 (ENTRY NOS. 192-195) | |
22 | 09/08/2020 | APPELLANT BRIEF | View |
23 | 09/08/2020 | Oral Argument Request by Appellant | |
24 | 09/08/2020 | APPELLANT APPENDIX | |
25 | 09/11/2020 | Rec'd 5 copies of ATB and 4 copies of ATA back from CD | |
26 | 10/01/2020 | MOT. EXT/TIME APPELLEE BRIEF | |
27 | 10/01/2020 | ACTION BY CLERK - Granted : 10/30/2020 | |
28 | 10/30/2020 | APPELLEE BRIEF | View |
29 | 10/30/2020 | APPELLEE APPENDIX | |
30 | 10/30/2020 | Oral Argument Request by Appellee | |
31 | 11/04/2020 | Rec'd non-substantive corrections to AEB & AEA (page numbering) | |
32 | 11/05/2020 | Rec'd 5 copies of AEB & 4 copies of AEA from CSD | |
33 | 11/16/2020 | NOTICE OF ORAL ARGUMENT SENT | |
34 | 12/08/2020 | APPEARANCES: Kiara C. Kraus-Parr/Kelley M. R. Cole | |
35 | 12/08/2020 | ARGUED: Kiara C. Kraus-Parr/Kelley M. R. Cole | |
36 | 12/08/2020 | ORAL ARGUMENT WEBCAST | |
37 | 01/12/2021 | DISPOSITION | |
38 | 01/12/2021 | UNANIMOUS OPINION : McEvers, Lisa K. Fair | View |
39 | 01/14/2021 | Judgment | |
40 | 02/05/2021 | MANDATE |