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State v. Pavlicek

Docket No. 20120012
Oral Argument: Thursday, June 28, 2012 9:30am

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
2012 ND 154819 N.W.2d 521
Oral Argument 6/28/2012

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.


Briefs

Filing Date Description
05/01/2012 APPELLANT BRIEF View
05/30/2012 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLEE ASST. STATE'S ATTORNEY Dawn Marie Deitz - 06534
APPELLANT COURT APPOINTED Kent M Morrow - 03503

(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