State v. Schwab
Docket No. 20020306
Oral Argument:
Tuesday, April 29, 2003 1:30pm
Docket Info
- Title
- State of North Dakota, Plaintiff and Appellee
v.
Anna Marie Schwab, Defendant and Appellant - Case Type
- CRIMINAL APPEAL : DUI/DUS
- Appeal From
-
Case No. 02-K-01026
South Central Judicial District, Oliver County
Burt L. Riskedahl
2003 ND 119665 N.W.2d 52
Oral Argument
4/29/2003
Highlight
Under N.D.R.Crim.P. 3(b), amendment of a complaint is within the district court's discretion.
On appeal, a trial court's jury selection process is reviewed using an abuse of discretion standard.
A potential juror's acquaintance with a possible witness is not implied bias.
In a fair-cross-section challenge, a defendant must show the group alleged to be excluded is a distinctive group in the community, the representation of the group is not fair and reasonable in relation to the number of such persons in the community, and the group was systematically excluded in the jury selection process.
Counsel
| Party | Type | Name |
|---|---|---|
| APPELLEE | STATE'S ATTORNEY | John Jeremy Mahoney - 03498 |
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
| Seq. # | Filing Date | Description | Attachment |
|---|---|---|---|
| 1 | 10/29/2002 | NOTICE OF APPEAL : 10/22/2002 | |
| 2 | 10/29/2002 | ORDER FOR TRANSCRIPT : 10/22/2002 | |
| 3 | 10/29/2002 | Acknowledgment of OTR and request for Retention of Record : 12/11/2002 | |
| 4 | 12/11/2002 | TRANSCRIPT DATED October 10, 2002 | |
| 5 | 12/11/2002 | DISK - TRA | |
| 6 | 12/19/2002 | RECORD ON APPEAL (4 Vols.), Exhibits, Jury Instructions | |
| 7 | 01/15/2003 | MOT. EXT/TIME APPELLANT BRIEF | |
| 8 | 01/15/2003 | ACTION BY CLERK - Granted : 02/19/2003 | |
| 9 | 02/18/2003 | MOT. EXT/TIME APPELLANT BRIEF | |
| 10 | 02/18/2003 | ACTION BY CHIEF JUSTICE - Granted : 02/26/2003 | |
| 11 | 02/26/2003 | APPELLANT BRIEF | View |
| 12 | 02/26/2003 | APPELLANT APPENDIX | |
| 13 | 02/27/2003 | DISK - ATB | |
| 14 | 03/28/2003 | APPELLEE BRIEF | View |
| 15 | 03/28/2003 | DISK - AEB | |
| 16 | 04/04/2003 | Page 5 of AEB (inserted) | |
| 17 | 04/29/2003 | APPEARANCES: Ronald A. Reichert; John J. Mahoney | |
| 18 | 04/29/2003 | ARGUED: Reichert; Mahoney (Vol. Y; Page 110) | |
| 19 | 07/16/2003 | DISPOSITION | |
| 20 | 07/16/2003 | UNANIMOUS OPINION : VandeWalle, Gerald W. | View |
| 21 | 07/17/2003 | Order/Judgment Mailed to Parties | |
| 22 | 08/07/2003 | MANDATE | |
| 23 | 08/11/2003 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE | |
| 24 | 09/03/2008 | EXPUNGED - Nonpermanent record items destroyed |