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State v. Gaede

Docket No. 20060188
Oral Argument: Tuesday, June 19, 2007 2:45pm

Docket Info

Title
State of North Dakota, Plaintiff and Appellee
v.
Dennis James Gaede, Defendant and Appellant
Case Type
CRIMINAL APPEAL : HOMICIDE
Appeal From
Case No. 05-K-02878
East Central Judicial District, Cass County
Steven E. McCullough
2007 ND 125736 N.W.2d 418
Oral Argument 6/19/2007

Highlight

A defendant may not be convicted upon the testimony of an accomplice unless the accomplice's testimony is corroborated by other evidence tending to connect the defendant with the commission of the crime.
Testimony or argument about a defendant's post-arrest silence may constitute an improper comment about the defendant's invocation of the right to remain silent.
Evidence of prior bad acts or convictions is not admissible to prove a defendant's character in order to show action in conformity therewith, but may be admissible for other purposes, such as motive, intent, preparation, or plan.
Prior-bad-act evidence may be admissible to provide a more complete story of a crime by putting the crime in context of happenings near in time and place.


Briefs

Filing Date Description
03/26/2007 APPELLANT BRIEF (e-filed) View
04/25/2007 APPELLEE BRIEF (E-filed) View
05/09/2007 REPLY BRIEF (e-filed) View

Counsel

Party Type Name
APPELLANT COURT APPOINTED William Kirschner - 03713
APPELLEE ASST. STATE'S ATTORNEY Mark Rainer Boening - 03797

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

Seq. # Filing Date Description Attachment
1 06/27/2006 NOTICE OF APPEAL : 06/22/2006
2 06/27/2006 ORDER FOR TRANSCRIPT : 06/22/2006
3 06/30/2006 Amended Notice of Filing of the Notice of Appeal
4 07/06/2006 RETENTION OF RECORD ON APPEAL (Catherine Jorgensen) : 10/18/2006
5 08/09/2006 MOT. EXT/TIME TRANSCRIPT (Catherine Jorgensen)
6 08/09/2006 ACTION BY TRIAL COURT - Granted : 09/20/2006
7 09/19/2006 MOT. EXT/TIME TRANSCRIPT (faxed)
8 09/19/2006 ACTION BY CLERK - Granted : 10/18/2006
9 10/18/2006 TRANSCRIPTS DATED August 9, 2005, October 6, 2005, November 2, 2005, November 30, 2005 and
10 10/18/2006 5 Vols dtd April 3, 2006, April 4, 2006, April 5, 2006, April 6, 2006, April 7, 2006 June 22, 2006
11 10/18/2006 DISK - Transcripts (10)
12 10/19/2006 RECORD ON APPEAL, included as a separate, Victim Impact Statement (Entry No. 10)
13 10/19/2006 Not received with the Record were Entry Nos.17,19,21,24,58-72,80,81,89-93,122-125,129,140,152
14 11/27/2006 MOT. EXT/TIME APPELLANT BRIEF (e-filed)
15 11/27/2006 E-FILED MOTION (MAT)
16 11/28/2006 ACTION BY CHIEF JUSTICE - Granted : 01/26/2007
17 01/22/2007 MOT. EXT/TIME APPELLANT BRIEF
18 01/22/2007 E-FILED MOTION (Second MAT/by email)
19 01/23/2007 ACTION BY CHIEF JUSTICE - Granted : 03/05/2007
20 03/05/2007 THIRD MOT. EXT/TIME APPELLANT BRIEF (e-mailed)
21 03/05/2007 E-FILED MOTION (3rd MAT) (e-mailed)
22 03/06/2007 Supplement to 3rd Mot/Ext/ATB (e-mailed memo dated 3-6-07 from Mr. Kirschner)
23 03/06/2007 ACTION BY CHIEF JUSTICE (3rd Mot/Ext/ATB) - Granted : 03/26/2007
24 03/26/2007 APPELLANT BRIEF (e-filed) View
25 03/26/2007 E-FILED BRIEF (ATB)
26 03/28/2007 APPELLANT APPENDIX
27 03/29/2007 Received $25 surcharge for ATB (Receipt #17336)
28 03/29/2007 Affidavit of Service by Mail of Appellant's Appendix
29 04/02/2007 Received 7 copies of ATB from Central Duplicating.
30 04/25/2007 APPELLEE BRIEF (E-filed) View
31 04/25/2007 E-FILED BRIEF (AEB)
32 04/30/2007 Received $25 surcharge for AEB (Receipt #17367)
33 05/03/2007 Received copies of AEB from Central Duplicating Service
34 05/09/2007 MOTION TO FILE SUPPLEMENTARY APPENDIX (e-filed)
35 05/09/2007 E-FILED MOTION (mot/file/supplementaryappendix)
36 05/09/2007 ACTION BY CHIEF JUSTICE (Mot/File/Supplementary/Appendix) - Denied
37 05/09/2007 REPLY BRIEF (e-filed) View
38 05/09/2007 E-FILED BRIEF (RYB)
39 05/11/2007 Received 7 copies of RYB from Central Duplicating
40 05/30/2007 Request for Radio/TV Coverage - Prairie Public Radio (approved)
41 06/05/2007 Request for Radio/TV Coverage - KXMB (approved)
42 06/19/2007 APPEARANCES: William Kirschner; Mark R. Boening
43 06/19/2007 ARGUED: Kirschner; Boening
44 06/19/2007 ORAL ARGUMENT WEBCAST
45 07/25/2007 DISPOSITION
46 07/25/2007 UNANIMOUS OPINION : Sandstrom, Dale V. View
47 07/26/2007 Judgment e-mailed to Parties
48 08/16/2007 MANDATE
49 08/20/2007 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
50 10/17/2016 EXPUNGED - Nonpermanent record items destroyed