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State v. Schmidt

Docket No. 20110082
Oral Argument: Wednesday, September 7, 2011 1:30pm

Docket Info

Title
State of North Dakota, Plaintiff and Appellee
v.
Kari Ann Marie Schmidt, Defendant and Appellant
Case Type
CRIMINAL APPEAL : DRUGS/CONTRABAND
Appeal From
Case No. 2010-CR-02772
East Central Judicial District, Cass County
Steven E. McCullough
2011 ND 238807 N.W.2d 593
Oral Argument 9/7/2011

Highlight

Entrapment is an affirmative defense.
A law enforcement agent perpetrates an entrapment if, for the purpose of obtaining evidence of the commission of a crime, the law enforcement agent induces or encourages and, as a direct result, causes another person to engage in conduct constituting such a crime by employing methods of persuasion or inducement which create a substantial risk that such crime will be committed by a person other than one who is ready to commit it.
Conduct merely affording a person an opportunity to commit an offense does not constitute entrapment.
In reviewing a challenge to a factual conclusion that entrapment did not occur, this Court does not weigh conflicting evidence, nor judge the credibility of witnesses; instead, the Court looks only to the evidence and its reasonable inferences most favorable to the verdict to see if substantial evidence exists to warrant a conviction.

Briefs

Filing Date Description
06/08/2011 APPELLANT BRIEF View
07/08/2011 APPELLEE BRIEF (e-filed) View

Counsel

Party Type Name
APPELLEE ASST. STATE'S ATTORNEY Tracy Jo Peters - 05432
APPELLANT PRIVATE PRACTICE Robin L Olson - 04900

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

Seq. # Filing Date Description Attachment
1 03/29/2011 NOTICE OF APPEAL : 03/25/2011
2 04/05/2011 ORDER FOR TRANSCRIPT : 03/30/2011
3 05/03/2011 TRANSCRIPTS DATED 12/13/10 & 3/7/11 & C.O.S.
4 04/27/2011 ELECTRONIC RECORD ON APPEAL (ENTRY NOS. 1-43).
5 06/08/2011 APPELLANT BRIEF View
6 06/08/2011 E-FILED BRIEF - ATB
7 06/08/2011 APPELLANT APPENDIX
8 06/08/2011 E-FILED APPENDIX - ATA
9 06/10/2011 Rec'd $25.00 ATB e-file surcharge. (receipt no. 20356)
10 06/13/2011 Received 7 copies of ATB from CSD
11 06/13/2011 Received 6 copies of ATA from CSD
12 07/08/2011 APPELLEE BRIEF (e-filed) View
13 07/08/2011 E-FILED BRIEF (AEB)
14 07/13/2011 RECEIVED WRITTEN CONSENT OF TRACY J. PETERS FOR 3RD YEAR STEPHEN WELLE.
15 07/14/2011 Received $25 e-filing surcharge for AEB (Receipt #20556).
16 07/18/2011 Received 7 copies of AEB from Central Duplicating.
17 07/19/2011 NOTICE OF ORAL ARGUMENT SENT
18 09/07/2011 APPEARANCES: Robin L. Olson/Tracy J. Peters, Asst. State's Attny.
19 09/07/2011 ARGUED: Olson/Peters
20 09/07/2011 ORAL ARGUMENT WEBCAST
21 09/26/2011 Supplemental Clerk's Electronic Certificate on Appeal dated September 23, 2011 (Entry Nos. 44 & 45)
22 12/13/2011 DISPOSITION (and Remanded)
23 12/13/2011 UNANIMOUS OPINION : Crothers, Daniel John View
24 12/14/2011 Judgment Sent to Parties
25 01/04/2012 MANDATE
26 01/10/2012 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
27 06/01/2021 EXPUNGED - Nonpermanent record items destroyed