State v. Zajac
Docket Info
- Title
- State of North Dakota, Plaintiff and Appellee
v.
Lawrence James Zajac, Defendant and Appellant - Case Type
- CRIMINAL APPEAL : MISC. STATUTORY OFF. (MISDEMEANOR)
- Appeal From
-
Case No. 07-K-00329
Southeast Judicial District, Richland County
Daniel D. Narum
Highlight
Although a motion for new trial is not necessary for appellate review, when a new trial is sought, the party making the motion is limited on appeal on the grounds presented to the trial court in the motion for a new trial.
Jury instructions are reviewed as a whole to determine whether the instructions fairly and adequately informed the jury of the applicable law.
A defendant is entitled to a jury instruction on a defense if there is evidence that creates a reasonable doubt about an element of the charged offense. Whether there is sufficient evidence to support a jury instruction is viewed in the light most favorable to the defendant.
A defendant may be entitled to an excuse instruction if there is evidence presented at trial that the defendant has a reasonable but mistaken belief that any of the statutory grounds for justification are present.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
| Seq. # | Filing Date | Description | Attachment |
|---|---|---|---|
| 1 | 08/20/2008 | NOTICE OF APPEAL : 08/15/2008 | |
| 2 | 08/20/2008 | ORDER FOR TRANSCRIPT : 08/15/2008 | |
| 3 | 09/10/2008 | TRANSCRIPTS DATED December 12, 2007, March 19, 2008, April 16, 2008, & May 15, 2008 (4 vols.) | |
| 4 | 09/11/2008 | DISK - TRA (12/12/07, 3/19/08,4/16/08, & 5/15/08) (e-mailed) | |
| 5 | 09/11/2008 | Affidavit of Service of Mail of TRA | |
| 6 | 09/12/2008 | RECORD ON APPEAL, Exhibits, & 5 depositions | |
| 7 | 09/26/2008 | TRANSCRIPTS DATED JULY 2, 2008, AND JULY 3, 2008 | |
| 8 | 09/26/2008 | DISK-TRA (7/2/08 & 7/3/08) | |
| 9 | 09/29/2008 | CERTIFICATE OF SERVICE OF COPIES OF TRANSCRIPTS. | |
| 10 | 11/04/2008 | MOT. EXT/TIME APPELLANT BRIEF - in letter form | |
| 11 | 11/04/2008 | ACTION BY CLERK - MAT - Granted : 11/14/2008 | |
| 12 | 11/04/2008 | E-FILED MOTION - MAT | |
| 13 | 11/14/2008 | APPELLANT BRIEF | View |
| 14 | 11/14/2008 | Addendum to Appellant Brief | |
| 15 | 11/14/2008 | APPELLANT APPENDIX | |
| 16 | 11/17/2008 | DISK - ATB | |
| 17 | 12/08/2008 | APPELLEE BRIEF | View |
| 18 | 12/08/2008 | DISK-AEB | |
| 19 | 12/09/2008 | Appellee's request to waive oral argument | |
| 20 | 12/26/2008 | ACTION BY SUPREME COURT (Motion to waive oral argument on behalf of the Appellee) - Granted | |
| 21 | 01/20/2009 | APPEARANCES: Mark A. Meyer; submitted on brief under NDRAppP 34(f) | |
| 22 | 01/20/2009 | ARGUED: Meyer; submitted on brief under NDRAppP 34(f) | |
| 23 | 01/20/2009 | ORAL ARGUMENT WEBCAST | |
| 24 | 07/09/2009 | DISPOSITION | |
| 25 | 07/09/2009 | UNANIMOUS OPINION : Maring, Mary Muehlen | View |
| 26 | 07/10/2009 | Judgment e-mailed to Parties | |
| 27 | 08/05/2009 | MANDATE | |
| 28 | 08/10/2009 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE | |
| 29 | 03/10/2020 | EXPUNGED - Nonpermanent record items destroyed |