State v. Schaf
- State of North Dakota, Plaintiff and Appellee
Brian Lee Schaf, Defendant and Appellant
- Case Type
- CRIMINAL APPEAL : SEXUAL OFFENSE
- Appeal From
Case No. 2021-CR-01463
South Central Judicial District, Burleigh County
James S. Hill
The district court decides the qualifications of the witness to express an opinion on a given topic. The decision whether to admit expert witness testimony rests within the court’s discretion.
For a lesser-included-offense instruction, there must be evidence on which a jury could rationally find beyond a reasonable doubt that the defendant is not guilty of the greater offense and to find beyond a reasonable doubt that the defendant is guilty of the lesser. It also must be impossible to commit the greater offense without committing the lesser.
While a sexual contact charge may be a lesser included offense contained within a sexual act charge, the subsections of both offenses must be compatible and the evidence must support an inclusion.
An alleged error with jury instructions will be reviewed for obvious error when the instructions were not objected to at trial and proposed instructions were not provided to the district court.
Voluntary intoxication is irrelevant to a crime of general intent.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
|Seq. #||Filing Date||Description||Attachment|
|1||11/03/2022||NOTICE OF APPEAL : 11/03/2022||View|
|2||11/03/2022||ORDER FOR TRANSCRIPT : 11/04/2022||View|
|3||11/03/2022||NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.||View|
|4||11/03/2022||Notice Served on Jackson J. Lofgren & Dennis H. Ingold|
|5||11/29/2022||ELEC. RECORD ON APPEAL DATED NOVEMBER 28, 2022 (ENTRY NOS. 1-139)||View|
|6||12/22/2022||1ST ELEC. SUPP. RECORD ON APPEAL DATED DECEMBER 21, 2022 (ENTRY NOS. 140-147)||View|
|7||01/04/2023||All Transcripts Filed in Record|
|9||02/10/2023||Oral Argument Request by Appellant|
|10||02/10/2023||Rec'd correction to Double Spacing on ATB w/o Service Doc|
|11||02/10/2023||Rec'd additional corrections OAR Statement on ATB w/ Service Document|
|12||02/13/2023||Rec'd 4 copies of ATB from CSD|
|13||02/16/2023||2ND ELEC. SUPP. RECORD ON APPEAL DATED FEBRUARY 14, 2023 (ENTRY NOS. 148-155)||View|
|15||03/13/2023||Oral Argument Request by Appellee|
|16||03/14/2023||Rec'd 4 copies of AEB from CSD|
|17||03/21/2023||NOTICE OF ORAL ARGUMENT SENT|
|18||04/03/2023||APPEARANCES: Jackson J. Lofgren/David L. Rappenecker|
|19||04/03/2023||ARGUED: Jackson J. Lofgren/David L. Rappenecker|
|20||04/03/2023||ORAL ARGUMENT WEBCAST|
|21||04/24/2023||Lloyd C. Suhr assigned as counsel for the Appellant||View|
|23||04/26/2023||UNANIMOUS OPINION : Jensen, Jon J.||View|