State v. Pavlicek
Docket Info
- Title
- State of North Dakota, Plaintiff and Appellee
v.
Sarah Ann Pavlicek, Defendant and Appellant - Case Type
- CRIMINAL APPEAL : MISC. STATUTORY OFFENSE (FELONY)
- Appeal From
-
Case No. 10-K-02021
South Central Judicial District, Burleigh County
Sonna M. Anderson
Highlight
In sufficiency of the evidence challenges, the appellate court merely reviews the record to determine if there is competent evidence allowing the jury to draw an inference reasonably tending to prove guilt and fairly warranting a conviction.
Verdicts are not legally inconsistent if, when a jury fails to convict a defendant on a charge having a similar element to a charge on which the defendant is convicted, there is substantial evidence to support the charge on which the defendant is convicted.
The last sentence of N.D.C.C. 12.1-05-05(1), which addresses justification in use of force by a person responsible for caring for a minor, is not an exclusive listing, but merely a legislative acknowledgment that use of force creating a substantial risk of death, serious bodily injury, disfigurement, or gross degradation is per se unreasonable when purportedly used for disciplinary purposes.
Counsel for a party desiring more comprehensive jury instructions has a duty to draft a specific instruction and to submit the instruction in writing to the trial judge.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
Seq. # | Filing Date | Description | Attachment |
---|---|---|---|
1 | 01/10/2012 | NOTICE OF APPEAL : 01/10/2012 | |
2 | 01/10/2012 | ORDER FOR TRANSCRIPT : 01/10/2012 | |
3 | 01/27/2012 | Appealablity Response Received | |
4 | 01/27/2012 | EFILED RESPONSE | |
5 | 01/31/2012 | District court granted Motion for Ext. of Time to file NOA | |
6 | 02/29/2012 | DISK-tra (9/27/11, 9/28/11 & 12/8/11) e-mailed | |
7 | 03/01/2012 | TRANSCRIPTS DATED 9/27/11, 9/28/11 & 12/8/11 & C.O.S. | |
8 | 03/02/2012 | ELEC. RECORD ON APPEAL (ENTRY NOS.1-94) | |
9 | 04/03/2012 | MOT. EXT/TIME APPELLANT BRIEF | |
10 | 04/03/2012 | E-FILED MOTION | |
11 | 04/04/2012 | ACTION BY CHIEF DEPUTY CLERK - Granted : 05/10/2012 | |
12 | 04/04/2012 | MOT. EXT/TIME APPELLANT BRIEF | |
13 | 04/04/2012 | E-FILED MOTION | |
14 | 04/04/2012 | NO ACTION TAKEN : 05/10/2012 | |
15 | 05/01/2012 | APPELLANT BRIEF | View |
16 | 05/01/2012 | E-FILED BRIEF | |
17 | 05/01/2012 | APPELLANT APPENDIX | |
18 | 05/01/2012 | E-FILED APPENDIX | |
19 | 05/02/2012 | Received $25 e-filing surcharge for ATB (Receipt #21162) | |
20 | 05/04/2012 | Received non-substantive corrections to title page & cert of svc of ATB & ATA | |
21 | 05/07/2012 | Received 7 copies of ATB from Central Duplicating | |
22 | 05/07/2012 | Received 6 copies of ATA from Central Duplicating | |
23 | 05/18/2012 | NOTICE OF ORAL ARGUMENT SENT | |
24 | 05/30/2012 | APPELLEE BRIEF | View |
25 | 05/30/2012 | APPELLEE APPENDIX | |
26 | 05/30/2012 | DISK - aeb (e-mailed) | |
27 | 06/28/2012 | APPEARANCES: Kent M. Morrow; Dawn M. Deitz | |
28 | 06/28/2012 | ARGUED: Kent M. Morrow; Dawn M. Deitz | |
29 | 06/28/2012 | ORAL ARGUMENT WEBCAST | |
30 | 07/26/2012 | DISPOSITION | |
31 | 07/26/2012 | UNANIMOUS OPINION : Kapsner, Carol Ronning | View |
32 | 07/27/2012 | Judgment Sent to Parties | |
33 | 08/23/2012 | MANDATE | |
34 | 08/27/2012 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE | |
35 | 08/06/2021 | EXPUNGED - Nonpermanent record items destroyed |