State v. Brown
Docket Info
- Title
- State of North Dakota, Plaintiff and Appellant
v.
Taelor Shawn Brown, Defendant and Appellee - Case Type
- CRIMINAL APPEAL : DRUGS/CONTRABAND
- Appeal From
-
Case No. 2018-CR-00010
Northwest Judicial District, Divide County
Benjamen James Johnson
Highlight
A district court decision to dismiss a criminal charge is reviewed for abuse of discretion.
An exception to the definition of “manufacturing” exists when “preparation” or “compounding” of a controlled substance is done by an individual for the individual's own use. But “preparation” and “compounding” are only two of six statutory methods of manufacturing a controlled substance. The remaining four acts of “manufacturing” are “production,” “propagation,” “conversion,” or “processing.” Each of the remaining four acts can be done by an individual for individual use and still meet the statutory definition of “manufacturing.”
At a preliminary hearing, the State is not required to prove with absolute certainty or beyond a reasonable doubt that a crime occurred.
The element of intent rarely is established by direct evidence, and is a question for the jury if there is sufficient evidence to support an inference of the required intent.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
Seq. # | Filing Date | Description | Attachment |
---|---|---|---|
1 | 03/06/2018 | NOTICE OF APPEAL : 03/06/2018 | |
2 | 03/06/2018 | ORDER FOR TRANSCRIPT : 03/07/2018 | |
3 | 03/06/2018 | NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV. | |
4 | 03/06/2018 | Notice served on Seymour R. Jordan and Jeff L. Nehring | |
5 | 03/26/2018 | ELECTRONIC TRANSCRIPT DATED MARCH 2, 2018 & C.O.S. | |
6 | 03/28/2018 | REC'D NON-SUBSTANTIVE CORRECTION TO TRANSCRIPT DATED MARCH 2, 2018 & C.O.S (cont.) | |
7 | 03/28/2018 | (cont) ( Correction: Williams County to Divide County) | |
8 | 04/05/2018 | ELEC. RECORD ON APPEAL DATED (ENTRY NOS. 1-15) | |
9 | 05/07/2018 | ANNOUNCED DISQUALIFICATION : VandeWalle, Gerald W. | |
10 | 05/03/2018 | APPELLANT BRIEF | View |
11 | 05/03/2018 | E-FILED BRIEF (PDF) | |
12 | 05/03/2018 | APPELLANT APPENDIX | |
13 | 05/03/2018 | E-FILED APPENDIX | |
14 | 05/09/2018 | Received non-substantive corrections to Appellant's Appendix | |
15 | 05/10/2018 | Received 6 copies of ATB from CSD | |
16 | 05/10/2018 | Received 6 copies of ATA from CSD | |
17 | 05/25/2018 | Rec'd $25 e-filing surcharge for ATB (receipt #26183) | |
18 | 05/31/2018 | MOT. EXT/TIME APPELLEE BRIEF | |
19 | 05/31/2018 | NO ACTION TAKEN | |
20 | 06/04/2018 | APPELLEE BRIEF | View |
21 | 06/04/2018 | E-FILED BRIEF | |
22 | 06/08/2018 | Rec'd $25 e-filing surcharge for AEB (Receipt #26219) | |
23 | 06/13/2018 | Received copies of AEB from Central Duplicating | |
24 | 06/22/2018 | Stipulated Motion to Schedule Hearing | |
25 | 06/26/2018 | NO ACTION TAKEN | |
26 | 06/26/2018 | Consolidated w/ 20180092 for argument and briefing | |
27 | 08/01/2018 | NOTICE OF ORAL ARGUMENT SENT | |
28 | 08/06/2018 | SITTING WITH THE COURT : Lee, Gary H. | |
29 | 09/10/2018 | APPEARANCES: Seymour R. Jordan; Jeff L. Nehring | |
30 | 09/10/2018 | ARGUED: Seymour R. Jordan; Jeff L. Nehring | |
31 | 09/10/2018 | ORAL ARGUMENT WEBCAST | |
32 | 10/10/2018 | DISPOSITION | |
33 | 10/10/2018 | UNANIMOUS OPINION : Crothers, Daniel John | View |
34 | 10/11/2018 | Judgment Sent to Parties | |
35 | 11/02/2018 | MANDATE |