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State v. Kleppe

Docket No. 20100354
Oral Argument: Friday, May 6, 2011 2:45pm

Docket Info

Title
State of North Dakota, Plaintiff and Appellee
v.
Harlan Kleppe, Defendant and Appellant
Case Type
CRIMINAL APPEAL : MISC. STATUTORY OFF. (MISDEMEANOR)
Appeal From
Case No. 10-K-018
Southeast Judicial District, Kidder County
Bruce A. Romanick
2011 ND 141800 N.W.2d 311
Oral Argument 5/6/2011

Highlight

The defense of depredation does not apply to the offense of unlawfully taking and possessing big game because deer is not a fur-bearer.
The offense of unlawfully taking and possessing big game is a strict liability offense because the statute defining the offense does not contain a culpability requirement. A statute establishing a strict liability offense, however, does not always preclude an affirmative defense.
A defendant may be entitled to a jury instruction on excuse and his conduct may be excused if the evidence shows the defendant believed the facts were such that his conduct was necessary and appropriate for any of the purposes that would establish a justification or excuse under N.D.C.C. ch. 12.1-05, even though his belief was mistaken. A mistaken belief of the law is rarely available as a defense and is generally precluded when the offense is a strict liability offense that contains no culpability requirement.
At a restitution hearing, the State has the burden of proving the amount of restitution by a preponderance of the evidence.


Briefs

Filing Date Description
03/17/2011 APPELLANT BRIEF View
04/18/2011 APPELLEE BRIEF (e-filed) View
04/29/2011 REPLY BRIEF of Appellants View

Counsel

Party Type Name
APPELLANT PRIVATE PRACTICE Daniel Harry Oster - 04899
APPELLANT PRIVATE PRACTICE Robert V Bolinske - 05745
APPELLEE SPEC. ASST. STATE'S ATTY. Bryan David Denham - 06331

(Note: Attachments may not be available for recently filed cases and/or confidential documents.)

Seq. # Filing Date Description Attachment
1 10/28/2010 NOTICE OF APPEAL : 09/10/2010
2 10/28/2010 MOT. EXT/TIME APPELLANT BRIEF(Due dates reset b/c NOA was not timely filed by Dst Ct) Sua Sponte
3 10/28/2010 ACTION BY CLERK (MAT) Sua Sponte - Granted : 12/07/2010
4 11/23/2010 RECORD ON APPEAL
5 12/06/2010 MOT. EXT/TIME APPELLANT BRIEF
6 12/06/2010 ACTION BY CLERK - Granted : 01/06/2011
7 01/05/2011 MOT. EXT/TIME APPELLANT BRIEF (E-filed)
8 01/05/2011 E-FILED MOTION (MAT)
9 01/07/2011 ACTION BY CHIEF JUSTICE (MAT) - Granted : 02/07/2011
10 02/01/2011 MOTION TO CONSOLIDATE WITH 20110029
11 02/01/2011 E-FILED MOTION (CONSOLIDATE)
12 02/01/2011 ACTION BY CLERK - Granted
13 02/01/2011 CONSOLIDATED w/20110029. Make all entries except ROA, DIS & MAN in 20100354.
14 02/01/2011 MOT. EXT/TIME TRANSCRIPT Sua Sponte
15 02/01/2011 ACTION BY CLERK (TRA) Sua Sponte (20110029 TRA due 03/09/11) - Granted : 03/09/2011
16 02/01/2011 MOT. EXT/TIME APPELLANT BRIEF Sua Sponte
17 02/01/2011 ACTION BY CLERK (MAT) Sua Sponte (10 days after TRA filed in 20110029) - Granted : 03/19/2011
18 03/09/2011 TRANSCRIPTS DATED October 6, 2010 & January 6, 2011 (2 vols) & C.O.S.
19 03/09/2011 DISK - tra (10/6/10 & 1/6/11) (e-mailed)
20 03/17/2011 APPELLANT BRIEF View
21 03/17/2011 APPELLANT APPENDIX
22 03/17/2011 DISK - atb (e-mailed)
23 04/18/2011 NOTICE OF ORAL ARGUMENT SENT (see folder)
24 04/18/2011 APPELLEE BRIEF (e-filed) View
25 04/18/2011 E-FILED BRIEF (AEB)
26 04/18/2011 APPELLEE APPENDIX (e-filed)
27 04/18/2011 E-FILED APPENDIX (AEA)
28 04/20/2011 Received 7 copies of AEB from CSD
29 04/20/2011 Received 6 copies of AEA from CSD
30 04/20/2011 Received $25 surcharge for AEB (Receipt #20271)
31 04/29/2011 REPLY BRIEF of Appellants View
32 05/02/2011 DISK - ryb (e-mailed)
33 05/06/2011 APPEARANCES: Robert V. Bolinske, Jr.; Daniel H. Oster; Bryan D. Denham
34 05/06/2011 ARGUED: Robert V. Bolinske, Jr.; Bryan D. Denham
35 05/06/2011 ORAL ARGUMENT WEBCAST
36 07/13/2011 DISPOSITION (AND REMANDED)
37 07/13/2011 UNANIMOUS OPINION : Maring, Mary Muehlen View
38 07/14/2011 Judgment Sent to Parties
39 08/05/2011 MANDATE
40 08/09/2011 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
41 08/08/2011 AMENDED JUDGMENT
42 08/10/2011 Amended Judgment Sent to Parties