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State v. Stegall

Docket No. 20120362
Oral Argument: Wednesday, February 20, 2013 1:30pm

Docket Info

Title
State of North Dakota, Plaintiff and Appellant
v.
Alexis Stegall, Defendant and Appellee
Case Type
CRIMINAL APPEAL : MISC. STATUTORY OFFENSE (FELONY)
Appeal From
Case No. 2011-CR-02379
Northwest Judicial District, Williams County
Joshua B. Rustad
2013 ND 49828 N.W.2d 526
Oral Argument 2/20/2013

Highlight

The fugitive-dismissal rule does not apply to a defendant who absconds during pre-trial and trial proceedings.
The trial court has discretion to extend its own deadlines, including deadlines established in a scheduling order before trial.
For purposes of criminal prosecution for endangerment of a child, an unborn child is not a child, and N.D.C.C. 19-03.1-22.2 does not apply to acts committed on an unborn child, regardless of whether the child is subsequently born alive or dies in utero.
There is no distinction between a factual scenario in which the pregnant woman prenatally ingests a controlled substance and the child subsequently dies in utero and the factual scenario in which the child is born alive for purposes of criminal prosecution of the mother.


Briefs

Filing Date Description
11/26/2012 APPELLANT BRIEF View
12/26/2012 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLEE COURT APPOINTED Adrianne Lynne Fernstrom - 07408
APPELLANT ASST. STATE'S ATTORNEY Nathan Kirke Madden - 06518

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

Seq. # Filing Date Description Attachment
1 09/26/2012 NOTICE OF APPEAL : 09/20/2012
2 10/19/2012 This case is consolidated with 20120365 & 386, make all entries in this case except ROA, DIS & MAN
3 10/19/2012 MOT. EXT/TIME APPELLANT BRIEF (sua sponte due to consolidation)
4 10/19/2012 ACTION BY CLERK - Granted : 11/26/2012
5 11/26/2012 APPELLANT BRIEF View
6 11/26/2012 E-FILED BRIEF
7 11/26/2012 APPELLANT APPENDIX
8 11/26/2012 E-FILED APPENDIX
9 11/28/2012 Received $25 surcharge for ATB (receipt #21596)
10 12/03/2012 Received 7 copies of ATB from CSD
11 12/03/2012 Received 6 copies of ATA from CSD
12 11/29/2012 ELEC. RECORD ON APPEAL DATED NOVEMBER 28, 2012 (ENTRY NOS.1-48) #20-NON-DOCKETABLE EVENT
13 12/17/2012 AMENDED ELEC. RECORD ON APPEAL DATED DECEMBER 17, 2012 (ENTRY NOS.1-19, 21-50) #20 - NON-DOCKETABLE
14 12/26/2012 APPELLEE BRIEF View
15 12/26/2012 E-FILED BRIEF
16 01/04/2013 Received non-substantive corrections to aeb
17 01/07/2013 Received Proof of service on Nathan Madden of AEB with corrections.
18 12/26/2012 Received 7 copies of AEB from Central Duplicating
19 01/24/2013 NOTICE OF ORAL ARGUMENT SENT
20 01/28/2013 AEB e-filing surcharge paid by IDB
21 02/20/2013 APPEARANCES: Nathan K. Madden; Adrianne L. Fernstrom; Mark S. Douglas; Robert W. Martin
22 02/20/2013 ARGUED: Nathan K. Madden; Adrianne L. Fernstrom
23 02/20/2013 ORAL ARGUMENT WEBCAST
24 02/20/2013 Due to technical problem, complete oral argument may not have been webcast
25 04/04/2013 DISPOSITION
26 04/04/2013 UNANIMOUS OPINION : Maring, Mary Muehlen View
27 04/04/2013 Concur in the result : Sandstrom, Dale V.
28 04/05/2013 Judgment Sent to Parties
29 05/01/2013 MANDATE