State v. Johnson
Docket No. 20070248
Oral Argument:
Monday, April 6, 2009 2:45pm
Docket Info
- Title
- State of North Dakota, Plaintiff and Appellee
v.
Steven Lennard Johnson, Defendant and Appellant - Case Type
- CRIMINAL APPEAL : SEXUAL OFFENSE
- Appeal From
-
Case No. 06-K-02832
Northeast Central Judicial District, Grand Forks County
Joel D. Medd
2009 ND 76764 N.W.2d 696
Oral Argument
4/6/2009
Highlight
The affirmative defense of mistake of law requires that the individual seeking to use it had made reasonable effort to determine whether his or her conduct constituted an offense.
In determining whether a prosecutor's statement at trial was an impermissible encroachment upon a defendant's right against self-incrimination, the language used must have been manifestly intended to be or was of such a character that a jury would naturally and necessarily take it to be a comment on the failure of the accused to testify. Such comments must also be considered in the context in which they were made.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
| Seq. # | Filing Date | Description | Attachment |
|---|---|---|---|
| 1 | 08/27/2007 | NOTICE OF APPEAL : 08/23/2007 | |
| 2 | 08/27/2007 | ORDER FOR TRANSCRIPT : 08/23/2007 | |
| 3 | 08/30/2007 | Notice of Substitution of Counsel (Trent W. Mahler replaces Larry J. Richards) | |
| 4 | 09/04/2007 | RETENTION OF RECORD ON APPEAL : 12/17/2007 | |
| 5 | 09/05/2007 | Reset due date for Appellant's Brief (trial court has denied transcripts at public expense) | |
| 6 | 09/05/2007 | ACTION BY CLERK - Granted | |
| 7 | 10/01/2007 | MOT. EXT/TIME APPELLANT BRIEF | |
| 8 | 10/01/2007 | ACTION BY CLERK (MAT) - Granted | |
| 9 | 10/19/2007 | Reset due date for trans. (trial court granted motion to provide trans. at public expense) | |
| 10 | 10/19/2007 | ACTION BY CLERK (reset due date for transcripts) - Granted : 11/28/2007 | |
| 11 | 10/19/2007 | Reset due date for ATB because transcript will be prepared at public expense | |
| 12 | 10/19/2007 | ACTION BY CLERK (reset due date of ATB to 40 days after transcript is filed) - Granted | |
| 13 | 11/07/2007 | Transcript dated 2-23-07 | |
| 14 | 11/08/2007 | Certificate of Service of 2-23-07 transcript | |
| 15 | 11/08/2007 | DISK - tra (2-23-07) | |
| 16 | 11/27/2007 | TRANSCRIPTS DATED January 23, 2007 & August 21, 2007 (2 volumes) | |
| 17 | 11/28/2007 | Certificates of Service of 1-23-07 & 8-21-07 Transcripts | |
| 18 | 11/28/2007 | DISK - tra (1-23-07 & 8-21-07) | |
| 19 | 12/27/2007 | Notification from Commission on Legal Counsel for Indigents that Benjamin C. Pulkrabek is replacing | |
| 20 | 12/27/2007 | Trent Mahler as attorney on the appeal (Fax dated 12-27-07) | |
| 21 | 12/27/2007 | MOT. EXT/TIME APPELLANT BRIEF (Reset date for ATB due to assignment of new counsel) | |
| 22 | 12/27/2007 | ACTION BY CLERK (reset due date for Appellant's Brief) - Granted : 02/05/2008 | |
| 23 | 12/28/2007 | RECORD ON APPEAL (2 Vols.) and separates including PSI. Not sent were Nos. 6, 16, 17, 44, (Digital | |
| 24 | 12/28/2007 | Recording); Nos. 26, 54, 79, 80, 85, 88, 103, 118, (Steno Notes); No. 45 (Addressed Motion to | |
| 25 | 12/28/2007 | Withdraw as Counsel); Nos. 7 & 24 were listed as Error. | |
| 26 | 01/30/2008 | APPELLANT BRIEF | View |
| 27 | 01/30/2008 | APPELLANT APPENDIX | |
| 28 | 01/30/2008 | DISK-ATB (Electronic) | |
| 29 | 02/29/2008 | MOT. EXT/TIME APPELLEE BRIEF | |
| 30 | 02/29/2008 | ACTION BY CLERK (MAE) - Granted : 03/31/2008 | |
| 31 | 03/07/2008 | MOTION For Remand (in conjunction with motion in 20080013) | |
| 32 | 03/07/2008 | ACTION BY CHIEF JUSTICE - Granted | |
| 33 | 03/07/2008 | ORDER OF REMAND | |
| 34 | 03/19/2008 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE | |
| 35 | 09/26/2008 | ROA RE-FILED AFTER REMAND (2 VOL.) & SEPARATES (ENTRY NOS. 1, 4, 49, 109, 132 & 149-152). | |
| 36 | 09/26/2008 | NOT REC'D W/ROA WERE ENTRY NOS. 6, 7, 16, 17, 24, 26, 44, 45, 54, 79, 80, 85, 88, 103, 118, 134, | |
| 37 | 09/26/2008 | 160, 161, 164 AND 169. | |
| 38 | 10/31/2008 | Reset due date of AEB, due to consolidation w/ 20080013 and that ATB due date of 12/05/2008 | |
| 39 | 10/31/2008 | Reset due date of AEB (30 days after filing of ATB, which is due December 5, 2008) - Granted | |
| 40 | 02/12/2009 | Reset due date of AEB due to dismissal of 20080013 | |
| 41 | 02/13/2009 | Reset due date of AEB due to dismissal of 20080013 - Granted : 03/16/2009 | |
| 42 | 03/13/2009 | APPELLEE BRIEF | View |
| 43 | 03/13/2009 | E-FILED BRIEF - AEB | |
| 44 | 03/16/2009 | Affidavit of Service of AEB to Pulkrabek | |
| 45 | 03/16/2009 | Consent to Appearance under Senior Practice Rule for Christopher S. Pieske | |
| 46 | 03/16/2009 | Received $25 surcharge for AEB (Receipt No. 18759) | |
| 47 | 03/20/2009 | Received 7 copies of AEB from Central Duplicating | |
| 48 | 03/26/2009 | Motion to waive oral argument on behalf of the Appellee | |
| 49 | 03/26/2009 | E-FILED MOTION (Motion to waive oral argument on behalf of the Appellee) | |
| 50 | 03/27/2009 | ACTION BY SUPREME COURT (Motion to waive oral argument on behalf of Appellee) - Granted | |
| 51 | 04/06/2009 | APPEARANCES: Benjamin C. Pulkrabek/Waived under N.D.R.App.P. 34(f) | |
| 52 | 04/06/2009 | ARGUED: Pulkrabek/waived | |
| 53 | 04/06/2009 | ORAL ARGUMENT WEBCAST | |
| 54 | 04/30/2009 | DISPOSITION | |
| 55 | 04/30/2009 | UNANIMOUS OPINION : VandeWalle, Gerald W. | View |
| 56 | 04/30/2009 | (CONCUR IN THE RESULT) : Maring, Mary Muehlen | |
| 57 | 05/04/2009 | Judgment Mailed to Parties | |
| 58 | 05/26/2009 | MANDATE | |
| 59 | 06/03/2009 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE | |
| 60 | 01/09/2019 | EXPUNGED - Nonpermanent record items destroyed |