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State v. Streeper

Docket No. 20060162
Oral Argument: Monday, November 13, 2006 9:30am

Docket Info

Title
State of North Dakota, Plaintiff and Appellee
v.
Mark Streeper, Defendant and Appellant
Case Type
CRIMINAL APPEAL : HOMICIDE
Appeal From
Case No. 05-K-00132
South Central Judicial District, Burleigh County
Bruce B. Haskell
2007 ND 25727 N.W.2d 759
Oral Argument 11/13/2006

Highlight

When a person puts another in danger, such as by unlawfully injecting her with drugs, and then does nothing to aid her in the resulting medical crisis, the failure to take appropriate action may be considered as a continuation of criminal conduct.
The use and admission of photographs in criminal trials is largely within the discretion of the district court.
A statement of a criminal defendant is admissible even though the defendant intended it to be exculpatory when made.
In controlling the scope of closing argument, the district court is vested with discretion, and absent a clear showing of an abuse of discretion, the conviction will not be reversed on grounds the prosecutor exceeded the scope of permissible closing argument.


Briefs

Filing Date Description
08/17/2006 APPELLANT BRIEF View
09/29/2006 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLANT COURT APPOINTED Kent M Morrow - 03503
APPELLEE ASST. STATE'S ATTORNEY Cynthia Mae Feland - 04804
APPELLEE ASST. STATE'S ATTORNEY Julie Ann Lawyer - 05693

(Note: Attachments may not be available for recently filed cases and/or confidential documents.)

Seq. # Filing Date Description Attachment
1 06/02/2006 NOTICE OF APPEAL : 05/24/2006
2 06/02/2006 ORDER FOR TRANSCRIPT (Lisa Schmidt) : 05/24/2006
3 06/07/2006 RETENTION OF RECORD ON APPEAL : 07/13/2006
4 06/27/2006 RECORD ON APPEAL including separate P.S.I. Not sent were Nos 16 and 65 (Court Reptr Notes & Tapes)
5 07/11/2006 TRANSCRIPTS DATED Feb. 27, Feb. 28, March 1, and May 5, 2006.
6 07/11/2006 DISK - TRA's Feb 27, 28, Mar 1 & May 5, 2006 (e-mailed)
7 07/31/2006 Faxed message from Kent Morrow w/attached copy of Notice of Appointment as counsel dated 5-26-06
8 08/17/2006 APPELLANT BRIEF View
9 08/17/2006 APPELLANT APPENDIX
10 08/17/2006 DISK - ATB (e-mailed)
11 09/14/2006 MOT. EXT/TIME APPELLEE BRIEF (faxed)
12 09/14/2006 E-FILED MOTION (MAE)
13 09/14/2006 ACTION BY Chief Deputy CLERK - Granted : 09/29/2006
14 09/20/2006 Transcript of Prosecutor's Closing Arguments dated 3-1-06
15 09/20/2006 DISK - (e-mailed) (TRA of Prosecutor's Closing Arguments dated 3-1-06)
16 09/29/2006 APPELLEE BRIEF View
17 09/29/2006 DISK - AEB (e-mailed)
18 11/13/2006 APPEARANCES: Kent M. Morrow; Cynthia M. Feland
19 11/13/2006 ARGUED: Morrow; Feland
20 11/13/2006 ORAL ARGUMENT WEBCAST
21 02/28/2007 DISPOSITION
22 02/28/2007 UNANIMOUS OPINION : Sandstrom, Dale V. View
23 03/01/2007 Judgment Mailed to Parties
24 03/26/2007 MANDATE
25 04/19/2007 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
26 10/11/2016 EXPUNGED - Nonpermanent record items destroyed