State v. Smith
- State of North Dakota, Plaintiff and Appellee
Travis Edward Smith, Defendant and Appellant
- Case Type
- CRIMINAL APPEAL : ASSAULT
- Appeal From
Case No. 2021-CR-02956
East Central Judicial District, Cass County
Wade L. Webb
When a party asserts prosecutorial misconduct for the first time on appeal, this Court may review for obvious error.
Questioning by the State regarding relevant evidence in the case may not amount to a prosecutor stating his personal belief on a defendant’s claim of self-defense nor prosecutorial misconduct.
Questioning by the State will not warrant reversal when such questions were invited by the defense.
Questions regarding potential weaknesses of a defendant’s case does not amount to burden shifting, particularly when the jury is reminded numerous times throughout trial that the burden is on the State.
Non-public exchanges, such as brief sidebars or bench conferences, between counsel and the court on routine evidentiary issues, technical legal issues, and administrative issues are not public trial violations.
The district court does not abuse its discretion by allowing expert testimony when it found the testimony was relevant, not overly cumulative, and properly noticed.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
|Seq. #||Filing Date||Description||Attachment|
|1||06/01/2022||NOTICE OF APPEAL : 06/01/2022|
|2||06/01/2022||ORDER FOR TRANSCRIPT (transmitted 6/2/22)|
|3||06/02/2022||NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.|
|4||06/02/2022||Notice served on Elizabeth B. Brainard & Ryan J. Younggren|
|5||06/07/2022||Kiara C. Kraus-Parr appointed to represent Appellant|
|6||06/09/2022||AMENDED ORDER FOR TRANSCRIPT : 06/10/2022|
|7||06/28/2022||ELEC. RECORD ON APPEAL DATED JUNE 27, 2022 (ENTRY NOS. 1-116, 119-137)|
|8||06/29/2022||Rec'd via U.S mail - Entry Nos. 117 & 118 (Exhibits 106 & 107 - CD's)|
|9||07/08/2022||AMENDED ELEC. RECORD ON APPEAL DATED July 5, 2022 (ENTRY NOS. 1-139)|
|10||07/08/2022||Rec'd via U.S mail - Entry Nos. 58-61 (Exhibits P-1, 2, 3, 4 CD's)|
|11||07/26/2022||All Transcripts Filed in Record|
|13||09/06/2022||Oral Argument Request by Appellant|
|14||09/09/2022||Rec'd correction to ATB (page numbering)|
|15||09/13/2022||Rec'd 3 copies of ATB from CSD|
|16||09/22/2022||MOT. EXT/TIME APPELLEE BRIEF||View|
|17||09/22/2022||ACTION BY CHIEF DEPUTY CLERK - Granted : 11/07/2022|
|19||11/07/2022||Oral Argument Request by Appellee|
|20||11/08/2022||Rec'd corrected c.o.s (date of svc)|
|21||11/09/2022||Rec'd 3 copies of AEB from CSD|
|22||11/23/2022||NOTICE OF ORAL ARGUMENT SENT|
|23||12/01/2022||APPEARANCES: Kiara C. Kraus-Parr and Ryan J. Younggren|
|24||12/01/2022||ARGUED: Kiara C. Kraus-Parr and Ryan J. Younggren|
|25||12/01/2022||ORAL ARGUMENT WEBCAST|
|27||04/26/2023||UNANIMOUS OPINION : McEvers, Lisa K. Fair||View|
|29||05/10/2023||PETITION FOR REHEARING||View|
|30||05/11/2023||Rec'd 4 copies of PER from CSD|
|31||05/17/2023||ACTION BY SUPREME COURT - Denied||View|
|33||06/08/2023||RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE||View|
|34||06/16/2023||Corrected/Substitute Opinion Page (pg 3, para 6, ln 8 period removed after 803 N.W.2d;|
|35||06/16/2023||pg 12, para 24, ln 9, spaces around em dash removed; pg 12, para 25, ln 4, spaces around em dash|
|36||06/16/2023||removed; pg 15, para 34, ln 7, abbreviation Evid. corrected to Ev.|