State v. Stewart
Docket Info
- Title
- State of North Dakota, Plaintiff and Appellee
v.
John Lee Stewart, Defendant and Appellant - Case Type
- CRIMINAL APPEAL : DUI/DUS
- Appeal From
-
Case No. 00-K-00373
Northeast Judicial District, Bottineau County
Lester Ketterling
Highlight
Under N.D.R.Ev. 609(a)(i), for the purpose of attacking the credibility of a testifying accused, evidence that the accused has been convicted of a felony that meets the time limit of subdivision (b) must be admitted if the court determines that the probative value of admitting that evidence outweighs its prejudicial effect.
Among the factors for a trial court to consider in weighing the probative value of a prior felony conviction and its prejudicial effect are impeachment value of the prior crime, the time of the conviction and the witness's subsequent history, similarity between the prior crime and the charged crime, importance of the defendant's testimony, and the centrality of the credibility issue.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
| Seq. # | Filing Date | Description | Attachment |
|---|---|---|---|
| 1 | 11/16/2001 | NOTICE OF APPEAL : 11/14/2001 | |
| 2 | 11/16/2001 | ORDER FOR TRANSCRIPT : 11/14/2001 | |
| 3 | 11/16/2001 | (This case is consolidated w/20010284. Make all docket entries except disposition in this case) | |
| 4 | 12/11/2001 | RECORD ON APPEAL, Exhibits, Depositions(2), & Trans. dated 1-19-01 | |
| 5 | 12/11/2001 | RECORD ON APPEAL in 20010284 (Entered as STA code in 20010284) | |
| 6 | 01/02/2002 | TRANSCRIPTS DATED October 31, 2000, December 1, 2000, December 19, 2000, January 16, 2001, | |
| 7 | 01/02/2002 | January 19, 2001, April 11, 2001, April 24, 2001, May 18, 2001, July 13, 2001, October 5, 2001, | |
| 8 | 01/02/2002 | October 29, 2001, October 30, 2001, October 31, 2001, November 8, 2001 | |
| 9 | 01/02/2002 | DISK - TRA's (14 TRA's see entry above) | |
| 10 | 01/31/2002 | MOT. EXT/TIME APPELLANT BRIEF | |
| 11 | 01/31/2002 | ACTION BY CLERK (MAT) - Granted : 03/08/2002 | |
| 12 | 03/08/2002 | APPELLANT BRIEF | View |
| 13 | 03/08/2002 | APPELLANT APPENDIX | |
| 14 | 03/11/2002 | DISK - ATB | |
| 15 | 04/05/2002 | APPELLEE BRIEF | View |
| 16 | 04/05/2002 | APPELLEE APPENDIX | |
| 17 | 04/09/2002 | DISK - AEB | |
| 18 | 05/01/2002 | APPEARANCES: William R. Hartl; A. Swain Benson III | |
| 19 | 05/01/2002 | ARGUED: Hartl; Benson (Vol. X; Page 221) | |
| 20 | 05/01/2002 | ORAL ARGUMENT WEBCAST | |
| 21 | 07/11/2002 | DISPOSITION | |
| 22 | 07/11/2002 | UNANIMOUS OPINION : Kapsner, Carol Ronning | View |
| 23 | 07/15/2002 | Order/Judgment Mailed to Parties | |
| 24 | 08/02/2002 | MANDATE | |
| 25 | 08/13/2002 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE | |
| 26 | 10/08/2007 | EXPUNGED - Nonpermanent record items destroyed |