State v. Kautzman
- State of North Dakota, Plaintiff and Appellee
Terry Kautzman, Defendant and Appellant
- Case Type
- CRIMINAL APPEAL : SEXUAL OFFENSE
- Appeal From
Case No. 06-K-01006
South Central Judicial District, Oliver County
Thomas J. Schneider
A mistrial must be declared before the trial is over and before the jury has been discharged. When defense counsel moves for a mistrial, an instruction to the jury must be requested to properly preserve the question for appellate review.
A judgment of acquittal may be entered only if the evidence is insufficient to sustain a conviction.
For an offense to be a lesser included offense, it must be impossible to commit the greater offense without committing the lesser.
If counsel does not object to the trial court's instructions, the issue is not adequately preserved and inquiry on appeal is limited to whether the court's failure to instruct the jury was obvious error affecting substantial rights.
A party may not challenge as error a ruling or other trial proceeding invited by that party.
A trial court has broad discretion when deciding evidentiary matters, and its admission or exclusion of evidence will not be overturned on appeal unless that discretion has been abused.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
|Seq. #||Filing Date||Description||Attachment|
|1||11/16/2006||NOTICE OF APPEAL : 11/14/2006|
|2||11/16/2006||ORDER FOR TRANSCRIPT : 11/14/2006|
|3||12/04/2006||Acknowledgement of Order for Transcript|
|4||12/04/2006||RETENTION OF RECORD ON APPEAL : 01/03/2007|
|5||12/21/2006||Transcript dated October 30, 2006|
|6||12/22/2006||DISK - tra(10/30/06)|
|7||12/28/2006||TRANSCRIPT DATED 7-17-06, 7-18-06, & 7-19-06 (3 vols.)|
|8||12/28/2006||DISK - TRA (7-17-06, 7-18-06 & 7-19-06) (e-mailed)|
|9||01/04/2007||RECORD ON APPEAL (3 volumes) & separates 38, 39, & 40|
|12||01/25/2007||DISK - atb (emailed)|
|13||02/26/2007||APPELLEE BRIEF (7 copies)||View|
|14||02/27/2007||original Appellee's Brief|
|15||03/07/2007||Received Corrected table of contents and pages of AEB|
|16||03/07/2007||DISK - AEB (e-mailed)|
|17||04/03/2007||APPEARANCES: Kent M. Morrow; Michael G. Liffrig|
|18||04/03/2007||ARGUED: Morrow; Liffrig|
|19||04/03/2007||ORAL ARGUMENT WEBCAST|
|21||08/22/2007||UNANIMOUS OPINION : Maring, Mary Muehlen||View|
|22||08/23/2007||Order/Judgment Mailed to Parties|
|23||08/30/2007||PETITION FOR REHEARING||View|
|24||10/16/2007||ACTION BY SUPREME COURT - Denied|
|26||10/30/2007||RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|
|27||08/25/2017||EXPUNGED - Nonpermanent record items destroyed|