State v. Rende
Docket No. 20170144
Oral Argument:
Tuesday, December 19, 2017 2:45 PM
Docket Info
- Title
- State of North Dakota, Plaintiff and Appellee
v.
Laura Rende, Defendant and Appellant - Case Type
- CRIMINAL APPEAL : ASSAULT
- Appeal From
-
Case No. 2016-CR-01270
Northwest Judicial District, McKenzie County
Robin Ann Schmidt
2018 ND 56907 N.W.2d 361
Oral Argument
12/19/2017
Highlight
A district court's use of jury instructions that fail to include every element of the offense is error. However, that error is waived if defendant invited the error by submitting proposed instructions that also failed to include every element of the offense and if the defendant failed to object to the instructions at trial.
It is a cardinal rule of appellate review that a party may not challenge as error a ruling or other trial proceeding invited by that party. A party may not take advantage of irregularities in the proceedings unless he objects at the time they occur, allowing the district court to take appropriate action.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
| Seq. # | Filing Date | Description | Attachment |
|---|---|---|---|
| 1 | 04/11/2017 | NOTICE OF APPEAL : 04/11/2017 | |
| 2 | 04/11/2017 | ORDER FOR TRANSCRIPT : 04/13/2017 | |
| 3 | 04/13/2017 | NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV. | |
| 4 | 04/13/2017 | Notice served on Susan M. Young & Stephenie L. Davis | |
| 5 | 04/24/2017 | Scott O. Diamond is assigned counsel | |
| 6 | 05/03/2017 | ELEC. RECORD ON APPEAL DATED MAY 2, 2017 (ENTRY NOS. 1-41, 43-54)(NOT SENT: 42) | |
| 7 | 05/25/2017 | MOT. EXT/TIME TRANSCRIPT | |
| 8 | 05/25/2017 | ACTION BY TRIAL COURT - Granted : 07/12/2017 | |
| 9 | 07/07/2017 | 1ST ELEC. SUPP. RECORD ON APPEAL DATED JULY 6, 2017 (ENTRY NOS. 55-58) | |
| 10 | 07/12/2017 | MOT. EXT/TIME TRANSCRIPT | |
| 11 | 07/12/2017 | ACTION BY TRIAL COURT - Granted : 07/14/2017 | |
| 12 | 07/13/2017 | 2ND ELEC. SUPP. RECORD ON APPEAL DATED JULY 13, 2017 (ENTRY NOS. 59-61) | |
| 13 | 07/13/2017 | ELECTRONIC TRANSCRIPT DATED January 5, 2017; April 3, 2017; and key & C.O.S. | |
| 14 | 08/15/2017 | APPELLANT BRIEF (PDF) | View |
| 15 | 08/15/2017 | E-FILED BRIEF (PDF) | |
| 16 | 08/15/2017 | APPELLANT APPENDIX | |
| 17 | 08/15/2017 | E-FILED APPENDIX | |
| 18 | 08/17/2017 | Received $25 ATB e-filing surcharge (Receipt #25426) | |
| 19 | 08/22/2017 | Received 6 copies of ATB from Central Duplicating | |
| 20 | 08/22/2017 | Received 6 copies of ATA from Central Duplicating | |
| 21 | 09/12/2017 | MOT. EXT/TIME APPELLEE BRIEF | |
| 22 | 09/11/2017 | E-FILED MOTION | |
| 23 | 09/12/2017 | ACTION BY CLERK - Granted : 10/16/2017 | |
| 24 | 10/16/2017 | APPELLEE BRIEF (PDF) | View |
| 25 | 10/16/2017 | E-FILED BRIEF (PDF) | |
| 26 | 10/19/2017 | Received $25 e-filing surcharge (Receipt #25550) | |
| 27 | 10/20/2017 | Received 6 copies of AEB from Central Duplicating | |
| 28 | 11/01/2017 | REQUEST TO WAIVE ORAL ARGUMENT ON BEHALF OF APPELLEE | |
| 29 | 11/01/2017 | E-FILED MOTION | |
| 30 | 11/06/2017 | ACTION BY SUPREME COURT - Granted | |
| 31 | 11/20/2017 | NOTICE OF ORAL ARGUMENT SENT | |
| 32 | 12/19/2017 | APPEARANCES: Scott O. Diamond; Appellee waived under N.D.R.App.P. 34(f) | |
| 33 | 12/19/2017 | ARGUED: Scott O. Diamond; Appellee waived under N.D.R.App.P. 34(f) | |
| 34 | 12/19/2017 | ORAL ARGUMENT WEBCAST | |
| 35 | 02/22/2018 | DISPOSITION | |
| 36 | 02/22/2018 | UNANIMOUS OPINION : VandeWalle, Gerald W. | View |
| 37 | 02/23/2018 | Judgment Sent to Parties | |
| 38 | 03/21/2018 | MANDATE | |
| 39 | 03/28/2023 | EXPUNGED - Nonpermanent record items destroyed |