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State v. Schweitzer

Docket No. 20060243
Oral Argument: Tuesday, March 20, 2007 9:30am

Docket Info

Title
State of North Dakota, Plaintiff and Appellee
v.
Jodi Rae Schweitzer, Defendant and Appellant
Case Type
CRIMINAL APPEAL : ASSAULT
Appeal From
Case No. 05-K-04231
Northeast Central Judicial District, Grand Forks County
Joel D. Medd
2007 ND 122735 N.W.2d 873
Oral Argument 3/20/2007

Highlight

For a statement to be admissible under the "excited utterance" exception to the hearsay rule, the proponent must show: (1) a startling event or condition; and (2) the statement is the product of the declarant's stress or excitement resulting from the startling event or condition.
Hearsay included within hearsay is not excluded as hearsay if each part of the combined statements falls within a hearsay exception.
A conviction will be reversed on the ground of insufficient evidence only if, after viewing the evidence and all reasonable inferences in the light most favorable to the verdict, no rational factfinder could have found the defendant guilty beyond a reasonable doubt.
A defendant claiming ineffective assistance of counsel has a heavy burden of proving: (1) counsel's representation fell below an objective standard of reasonableness, and (2) the defendant was prejudiced by the counsel's deficient performance.

Briefs

Filing Date Description
12/30/2006 APPELLANT BRIEF View
01/31/2007 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLANT COURT APPOINTED Larry James Richards - 05590
APPELLEE ASST. STATE'S ATTORNEY Deborah Louise Garner - 05828

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

Seq. # Filing Date Description Attachment
1 09/15/2006 NOTICE OF APPEAL : 09/13/2006
2 10/11/2006 Second NOA (filed in trial court on 10-6-06 by Larry Richards)
3 10/11/2006 ORDER FOR TRANSCRIPT (filed by Larry Richards) : 10/06/2006
4 10/20/2006 RETENTION OF RECORD ON APPEAL : 11/25/2006
5 11/21/2006 TRANSCRIPTS DATED February 7, 2006, March 7, 2006, March 16, 2006, May 4, 2006, June 28, 2006,
6 11/21/2006 August 22, 2006, & September 27, 2006 (7 vols.)
7 11/27/2006 DISKS (2) (Trans. dated 2/7/06, 3/7/06, 3/16/06, 5/4/06, 6/28/06, 8/22/06, & 9/27/06)
8 11/28/2006 RECORD ON APPEAL W/SEPARATES (ENTRY NOS. 1 & 58). NOT SENT (ENTRY NOS. 17,21,32,42,43,59 & 69)
9 12/30/2006 APPELLANT BRIEF View
10 12/30/2006 APPELLANT APPENDIX
11 12/29/2006 DISK - atb (emailed)
12 01/09/2007 Copies of NOA for ATA
13 01/09/2007 Letter from Mr. Richards dated 1-9-07 RE: No pages missing in ATB
14 01/31/2007 APPELLEE BRIEF View
15 01/31/2007 E-FILED BRIEF - AEB
16 02/01/2007 Received $25 Surcharge for AEB (#17257)
17 02/06/2007 Copies of AEB received from central duplicating
18 03/09/2007 Consent of State's Attorney to Appearance Under Senior Practice Rule (Jodi Bass)
19 03/20/2007 APPEARANCES: Larry J. Richards; Jodi Bass, third-year law student and Deborah L. Garner
20 03/20/2007 ARGUED: Richards; Bass
21 03/20/2007 ORAL ARGUMENT WEBCAST
22 07/25/2007 DISPOSITION
23 07/25/2007 UNANIMOUS OPINION : Sandstrom, Dale V. View
24 07/26/2007 Judgment E-Mailed to Parties
25 08/16/2007 MANDATE
26 08/22/2007 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
27 04/05/2017 EXPUNGED - Nonpermanent record items destroyed