State v. Gibbs
Docket No. 20070378
Oral Argument:
Monday, November 17, 2008 2:45pm
Docket Info
- Title
- State of North Dakota, Plaintiff and Appellee
v.
Moe Maurice Gibbs, Defendant and Appellant - Case Type
- CRIMINAL APPEAL : HOMICIDE
- Appeal From
-
Case No. 06-K-00584
Southeast Judicial District, Barnes County
John T. Paulson
2009 ND 44763 N.W.2d 430
Oral Argument
11/17/2008
Highlight
A party must make a timely objection to an alleged error in the district court so the court may take appropriate action, if possible, to remedy any prejudice that may have resulted from the claimed error.
The prosecution may not comment on a defendant's failure to testify in a criminal case.
A jury is generally presumed to follow curative instructions.
The prosecution's statement during closing argument that there is no explanation for the prosecution's evidence does not constitute an improper comment on an accused's failure to testify where persons other than the accused could have offered contradictory evidence.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
| Seq. # | Filing Date | Description | Attachment |
|---|---|---|---|
| 1 | 12/27/2007 | NOTICE OF APPEAL : 12/26/2007 | |
| 2 | 12/27/2007 | ORDER FOR TRANSCRIPT : 12/26/2007 | |
| 3 | 02/06/2008 | RECORD ON APPEAL (6 Volumes) including separate binders (3) containing exhibits, sealed separates | |
| 4 | 02/06/2008 | and transcript dated October 26, 2006. Not sent was part of No. 162 (including Exhibits | |
| 5 | 02/06/2008 | No. 16, 17, 18, 24, 31, 57, 78 - 98, 102, 172, 173, 174, 176, 177, 182, 200, 203, 209, 212, 242 | |
| 6 | 02/06/2008 | and 253. Also, original poster boards (part of Entry #162, exhibit list numbers ending in "A" were | |
| 7 | 02/06/2008 | not sent, instead photos of the originals marked as exhibits in the binders were sent.) | |
| 8 | 02/11/2008 | SUPPLEMENTAL CLERK'S CERTIFICATE (ENTRIES 277 & 278) | |
| 9 | 02/13/2008 | Clerk's Second Supplemental Certificate of Record dated 2/12/08 (Entry No. 279) | |
| 10 | 02/13/2008 | MOT. EXT/TIME TRANSCRIPT (R-279) | |
| 11 | 02/13/2008 | ACTION BY TRIAL COURT - Granted : 03/25/2008 | |
| 12 | 02/15/2008 | Clerk's Third Supplemental Certificate of Record dated 2/14/08 (Entry No. 280) | |
| 13 | 03/05/2008 | MOT. EXT/TIME TRANSCRIPT (Darla McKenzie) | |
| 14 | 03/05/2008 | ACTION BY CLERK (MTR) - Granted : 04/24/2008 | |
| 15 | 04/15/2008 | Fourth Supplemental Clerk's Certificate dated 4/14/08 (Entry Nos. 281 & 282) | |
| 16 | 04/21/2008 | MOT. EXT/TIME TRANSCRIPT | |
| 17 | 04/24/2008 | ACTION BY CHIEF JUSTICE - Granted : 04/29/2008 | |
| 18 | 04/29/2008 | MOT. EXT/TIME TRANSCRIPT | |
| 19 | 04/29/2008 | ACTION BY Acting Chief Justice - Granted : 05/06/2008 | |
| 20 | 05/06/2008 | TRANSCRIPTS DATED 10/29/07, 10/30/07, 10/31/07, 11/01/07, 11/02/07, 11/05/07, 11/06/07, 11/07/07, | |
| 21 | 05/06/2008 | 11/08/07 & 11/09/07 | |
| 22 | 05/06/2008 | DISK-TRA (electronic) | |
| 23 | 05/12/2008 | CERTIFICATE OF SERVICE OF COPIES OF TRANSCRIPTS (VOLS. I-X) | |
| 24 | 05/15/2008 | TRANSCRIPT DATED NOVEMBER 6, 2007 (VOL. VII) | |
| 25 | 05/15/2008 | certificate of service of copies of transcript (volume 7) | |
| 26 | 06/18/2008 | ORDER FOR TRANSCRIPT (closing argument) : 06/17/2008 | |
| 27 | 06/18/2008 | Clerk's Fifth Supplemental Certificate of Record on Appeal including entry 283 | |
| 28 | 07/07/2008 | RETURN OF ROA TO DIST. CT. : 08/07/2008 | |
| 29 | 07/10/2008 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE | |
| 30 | 08/04/2008 | TRANSCRIPTS DATED 11/13/07 & 11/14/07 TO 11/16/07 | |
| 31 | 08/04/2008 | DISK-TRA (11/13/07 AND 11/14/07 TO 11/16/07) | |
| 32 | 08/04/2008 | CERTIFICATE OF SERVICE OF COPIES OF TRANSCRIPTS | |
| 33 | 09/11/2008 | APPELLANT BRIEF | View |
| 34 | 09/11/2008 | Addendum to Appellant's Brief | |
| 35 | 09/11/2008 | E-FILED BRIEF (ATB) | |
| 36 | 09/11/2008 | APPELLANT APPENDIX | |
| 37 | 09/11/2008 | E-FILED APPENDIX (ATA) | |
| 38 | 09/12/2008 | Receipt for $25 surcharge for ATB (#18243) | |
| 39 | 09/19/2008 | Received 7 copies of ATB from Central Duplicating | |
| 40 | 09/19/2008 | Received 6 copies of ATA from Central Duplicating | |
| 41 | 10/02/2008 | RE-FILED RECORD ON APPEAL AFTER REMAND | |
| 42 | 10/09/2008 | APPELLEE BRIEF | View |
| 43 | 10/09/2008 | APPELLEE APPENDIX | |
| 44 | 10/10/2008 | DISK - AEB | |
| 45 | 10/24/2008 | Request for Radio/TV Coverage - Prairie Public Radio (approved) | |
| 46 | 10/24/2008 | Request for Radio/TV Coverage - Bismarck Tribune (approved) | |
| 47 | 10/24/2008 | Request for Radio/TV Coverage - KXMB-TV (approved) | |
| 48 | 11/17/2008 | APPEARANCES: Kent M. Morrow; Bradley A. Cruff, Jonathan R. Byers | |
| 49 | 11/17/2008 | ARGUED: Morrow; Cruff | |
| 50 | 11/17/2008 | ORAL ARGUMENT WEBCAST | |
| 51 | 04/02/2009 | DISPOSITION | |
| 52 | 04/02/2009 | UNANIMOUS OPINION : Crothers, Daniel John | View |
| 53 | 04/06/2009 | Judgment E-Mailed to Parties | |
| 54 | 04/22/2009 | MANDATE | |
| 55 | 05/01/2009 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE | |
| 56 | 06/06/2019 | EXPUNGED - Nonpermanent record items destroyed |