State v. Pendleton
Docket Info
- Title
- State of North Dakota, Plaintiff and Appellee
v.
Salamah Qareed Pendleton, Defendant and Appellant - Case Type
- CRIMINAL APPEAL : HOMICIDE
- Appeal From
-
Case No. 2020-CR-00974
Northeast Central Judicial District, Grand Forks County
Donald Hager
Highlight
Brief sidebars or bench conferences conducted during trial to address routine evidentiary or administrative issues outside the hearing of the jury ordinarily will not implicate the public trial right.
Non-public exchanges between counsel and the court on such technical legal issues and routine administrative problems do not hinder the objectives which the Court in Waller observed were fostered by public trials.
If it would be unreasonable to conclude the defendant’s absence had any effect on the proceedings or the result, such an error is harmless and does not warrant a reversal.
We consider jury instructions as a whole, and determine whether they correctly and adequately inform the jury of the applicable law, even though part of the instructions when standing alone may be insufficient or erroneous.
If juror misconduct is noticed and the criminal defendant does not object or request a mistrial, reversal requires obvious error. We exercise our power to consider obvious error cautiously and only in exceptional situations where the defendant has suffered serious injustice.
This Court has carved out a narrow exception to the general rule that statutes are not retroactive unless expressly declared so by the Legislature when the statute in question involves an ameliorating penal amendment to a criminal statute.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
Seq. # | Filing Date | Description | Attachment |
---|---|---|---|
1 | 10/14/2021 | NOTICE OF APPEAL : 10/14/2021 | |
2 | 10/14/2021 | ORDER FOR TRANSCRIPT : 10/15/2021 | |
3 | 10/14/2021 | NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV. | |
4 | 10/14/2021 | Notice served on Steven D. Mottinger & Carmell F. Mattison | |
5 | 10/21/2021 | Rec'd Notice of Court Appointed Counsel - Kiara C. Kraus-Parr | |
6 | 10/21/2021 | AMENDED ORDER FOR TRANSCRIPT | |
7 | 11/09/2021 | ELECTRONIC TRANSCRIPT DATED MAY 29, 2020 | |
8 | 11/09/2021 | ELECTRONIC TRANSCRIPT DATED AUGUST 7, 2020 | |
9 | 11/09/2021 | Certificate of Service for transcripts | |
10 | 11/12/2021 | ELEC. RECORD ON APPEAL DATED NOVEMBER 10, 2021 (ENTRY NOS. 1-9, 11-144, 149, 152-284, 316-319, | |
11 | 11/12/2021 | 328-416, 445, 421-463)(NOT SENT: 10, 64, 145-148, 150, 151, 285-315, 320-327, 418-420) | |
12 | 11/17/2021 | AMENDED ELEC. RECORD ON APPEAL DATED NOVEMBER 17, 2021 (ENTRY NOS.1-464)(NOT SENT: 10, 64, 138, | |
13 | 11/17/2021 | 145, 147, 150, 151, 285-315, 320-327, 370, 417-420, & 447) | |
14 | 11/18/2021 | 2ND AMENDED ELEC. RECORD ON APPEAL DATED NOVEMBER 17, 2021 (ENTRY NOS.1-464) | |
15 | 11/18/2021 | (NOT SENT: 10, 64, 138, 139, 145, 146, 147, 150, 151, 285-315, 320-327, 370, 417-420, & 447) | |
16 | 12/13/2021 | MOT. EXT/TIME TRANSCRIPT | |
17 | 12/14/2021 | ACTION BY TRIAL COURT - Granted : 12/30/2021 | |
18 | 12/30/2021 | ELECTRONIC TRANSCRIPT DATED NOVEMBER 19, 2020 | |
19 | 12/30/2021 | ELECTRONIC TRANSCRIPT DATED JUNE 10, 2021 | |
20 | 12/30/2021 | ELECTRONIC TRANSCRIPT DATED JUNE 28, 2021 | |
21 | 12/30/2021 | ELECTRONIC TRANSCRIPT DATED JUNE 29, 2021 (Pretrial) | |
22 | 12/30/2021 | ELECTRONIC TRANSCRIPT DATED JUNE 29, 2021 (voir dire) | |
23 | 12/30/2021 | ELECTRONIC TRANSCRIPT DATED JUNE 29, 2021 | |
24 | 12/30/2021 | ELECTRONIC TRANSCRIPT DATED JUNE 30, 2021 (voir dire) | |
25 | 12/30/2021 | ELECTRONIC TRANSCRIPT DATED JUNE 30, 2021 | |
26 | 12/30/2021 | ELECTRONIC TRANSCRIPT DATED JULY 1, 2021 (voir dire) | |
27 | 12/30/2021 | ELECTRONIC TRANSCRIPT DATED JULY 1, 2021 | |
28 | 12/30/2021 | ELECTRONIC TRANSCRIPT DATED JULY 2, 2021 | |
29 | 12/30/2021 | ELECTRONIC TRANSCRIPT DATED JULY 6, 2021 | |
30 | 12/30/2021 | REDACTION KEY FOR ELECTRONIC TRANSCRIPT DATED JULY 6, 2021 | |
31 | 12/30/2021 | ELECTRONIC TRANSCRIPT DATED JULY 7, 2021 | |
32 | 12/30/2021 | REDACTION KEY FOR ELECTRONIC TRANSCRIPT DATED JULY 7, 2021 | |
33 | 12/30/2021 | ELECTRONIC TRANSCRIPT DATED JULY 8, 2021 | |
34 | 12/30/2021 | REDACTION KEY FOR ELECTRONIC TRANSCRIPT DATED JULY 8, 2021 | |
35 | 12/30/2021 | ELECTRONIC TRANSCRIPT DATED JULY 9, 2021 | |
36 | 12/30/2021 | REDACTION KEY FOR ELECTRONIC TRANSCRIPT DATED JULY 9, 2021 | |
37 | 12/30/2021 | ELECTRONIC TRANSCRIPT DATED JULY 12, 2021 | |
38 | 12/30/2021 | ELECTRONIC TRANSCRIPT DATED JULY 13, 2021 | |
39 | 12/30/2021 | ELECTRONIC TRANSCRIPT DATED JULY 14, 2021 | |
40 | 12/30/2021 | ELECTRONIC TRANSCRIPT DATED OCTOBER 8, 2021 | |
41 | 12/30/2021 | REDACTION KEY FOR TRANSCRIPTS DATED 11/19/20, 6/10/21, 6/28/21, 6/29/21 (3 vols), 6/30/21 (2 vols), | |
42 | 12/30/2021 | 7/1/21 (2 vols), 7/2/21, 7/12/21, 7/13/21, 7/14/21, & 10/8/21) | |
43 | 12/30/2021 | Certificates of Service for transcripts | |
44 | 01/06/2022 | Rec'd non-substantive correction to 10/8/21 tra (redaction) | |
45 | 02/08/2022 | APPELLANT BRIEF | View |
46 | 02/08/2022 | APPELLANT APPENDIX | |
47 | 02/08/2022 | Oral Argument Request by Appellant | |
48 | 02/10/2022 | Rec'd 3 copies of ATB & 2 copies of ATA from CSD | |
49 | 03/03/2022 | MOT. EXT/TIME APPELLEE BRIEF | |
50 | 03/04/2022 | RECEIVED AFFIDAVIT OF GOOD CAUSE FOR MAE | |
51 | 03/07/2022 | ACTION BY CHIEF DEPUTY CLERK - Granted : 04/11/2022 | |
52 | 04/11/2022 | APPELLEE BRIEF | View |
53 | 04/11/2022 | Oral Argument Request by Appellee | |
54 | 04/11/2022 | Rec'd written consent of Carmell Mattison for Samantha Schmidt, law student | |
55 | 04/20/2022 | NOTICE OF ORAL ARGUMENT SENT | |
56 | 04/20/2022 | Rec'd 3 copies of AEB from CSD | |
57 | 05/13/2022 | ANNOUNCED DISQUALIFICATION : Jensen, Jon J. | |
58 | 05/13/2022 | SITTING WITH THE COURT : Bahr, Douglas Alan | |
59 | 05/17/2022 | APPEARANCES: Kiara C. Kraus-Parr, Ashlei A Neufeld and Samantha Schmidt, law student | |
60 | 05/17/2022 | ARGUED: Kiara C. Kraus-Parr and Ashlei A Neufeld | |
61 | 05/17/2022 | ORAL ARGUMENT WEBCAST | |
62 | 08/04/2022 | DISPOSITION (and Remanded) | |
63 | 08/04/2022 | UNANIMOUS OPINION : Tufte, Jerod E. | View |
64 | 08/04/2022 | Judgment | View |
65 | 08/26/2022 | MANDATE | |
66 | 10/04/2022 | Corrected Opinion Page - On page 1, para. 1, line 8, the N.D.C.C shows § 19.03.1-23. The period in | |
67 | 10/04/2022 | between "19" and "03", has been replaced with a hyphen to read "N.D.C.C. § 19-03.1-23" |