State v. Bernstein
Docket No. 20040298
Oral Argument:
Friday, April 29, 2005 10:45am
Docket Info
- Title
- State of North Dakota, Plaintiff and Appellee
v.
Loren Nelson Bernstein, Defendant and Appellant - Case Type
- CRIMINAL APPEAL : MISC. STATUTORY OFF. (MISDEMEANOR)
- Appeal From
-
Case No. 03-K-485
Northeast Judicial District, Bottineau County
John C. McClintock, Jr.
2005 ND App6697 N.W.2d 371
Oral Argument
4/29/2005
Highlight
To satisfy the knowledge element of criminal trespass under N.D.C.C. 12.1-22-03(3), the State must prove that the defendant knew or had a firm belief, unaccompanied by substantial doubt, that he was not licensed or privileged to be on the property.
A statement offered to show its effect upon the state of mind of the listener, rather than the truth of the matter asserted, is not hearsay.
Counsel
| Party | Type | Name |
|---|---|---|
| APPELLEE | ASST. STATE'S ATTORNEY | Anthony Swain Benson - 05674 |
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
| Seq. # | Filing Date | Description | Attachment |
|---|---|---|---|
| 1 | 10/27/2004 | NOTICE OF APPEAL : 10/21/2004 | |
| 2 | 10/27/2004 | ORDER FOR TRANSCRIPT : 10/21/2004 | |
| 3 | 10/29/2004 | Court Reporter's acknowledgment of OTR, Estimate of cost & request for payment. | |
| 4 | 11/23/2004 | RECORD ON APPEAL (with separates 26 & 27 (exhibits))(Not rec'd - 11, 15 & 24 (steno notes)) | |
| 5 | 12/08/2004 | TRANSCRIPT DATED October 8, 2004 | |
| 6 | 12/09/2004 | DISK - TRA (10-8-04) | |
| 7 | 01/18/2005 | APPELLANT BRIEF & Addendum (e-filed) | View |
| 8 | 01/18/2005 | E-FILED BRIEF (ATB) | |
| 9 | 01/18/2005 | APPELLANT APPENDIX (e-filed) | |
| 10 | 01/18/2005 | E-FILED APPENDIX (ATA) | |
| 11 | 01/19/2005 | Payment of $25 fee for filing electronic ATB (Receipt #16072) | |
| 12 | 01/24/2005 | Seven copies of ATB & six copies of ATA received from Central Duplicating | |
| 13 | 02/16/2005 | APPELLEE BRIEF | View |
| 14 | 02/16/2005 | APPELLEE APPENDIX | |
| 15 | 02/17/2005 | Appellee submits its argument on brief pursuant to Rule 34(f), N.D.R.App.P. | |
| 16 | 02/24/2005 | DISK - Appellee's Brief | |
| 17 | 03/07/2005 | REPLY BRIEF | View |
| 18 | 03/07/2005 | E-FILED BRIEF (RYB) | |
| 19 | 03/07/2005 | Copies made of e-filed RYB | |
| 20 | 03/22/2005 | ACTION BY COURT OF APPEALS (OA waived on behalf of AE) - Granted | |
| 21 | 04/29/2005 | APPEARANCES: James G. Wolff; waived by AE | |
| 22 | 04/29/2005 | ARGUED: Wolff (Page 39) | |
| 23 | 04/29/2005 | ORAL ARGUMENT WEBCAST | |
| 24 | 05/26/2005 | DISPOSITION | |
| 25 | 05/26/2005 | UNANIMOUS OPINION : Per Curiam | View |
| 26 | 05/31/2005 | Judgment Mailed to Parties | |
| 27 | 06/20/2005 | MANDATE | |
| 28 | 06/23/2005 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE | |
| 29 | 11/30/2011 | EXPUNGED - Nonpermanent record items destroyed |