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State v. Kautzman

Docket No. 20060329
Oral Argument: Tuesday, April 3, 2007 1:30pm

Docket Info

Title
State of North Dakota, Plaintiff and Appellee
v.
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
2007 ND 133738 N.W.2d 1
Oral Argument 4/3/2007

Highlight

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.


Briefs

Filing Date Description
01/25/2007 APPELLANT BRIEF View
02/26/2007 APPELLEE BRIEF (7 copies) View

Counsel

Party Type Name
APPELLANT COURT APPOINTED Kent M Morrow - 03503
APPELLEE STATE'S ATTORNEY Michael G. Liffrig - 04334

(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
10 01/25/2007 APPELLANT BRIEF View
11 01/25/2007 APPELLANT APPENDIX
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
20 08/22/2007 DISPOSITION
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
25 10/26/2007 MANDATE
26 10/30/2007 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
27 08/25/2017 EXPUNGED - Nonpermanent record items destroyed