State v. Thorsteinson
Docket Info
- Title
- State of North Dakota, Plaintiff and Appellee
v.
Austin Lee Thorsteinson, Defendant and Appellant - Case Type
- CRIMINAL APPEAL : MISC. STATUTORY OFFENSE (FELONY)
- Appeal From
-
Case No. 2016-CR-00555
Northeast Judicial District, Ramsey County
Donovan John Foughty
Highlight
Evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show action in conformity therewith, but may be admissible to show motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident.
In considering whether evidence of prior crimes, wrongs, or bad acts is admissible, a court must determine: (1) the purpose for which the evidence is introduced; (2) whether the evidence of the prior bad acts is substantially reliable or clear and convincing; and (3) whether proof of the crime charged permits the trier of fact to establish the defendant’s guilt or innocence independently on the evidence presented without considering the prior bad acts.
A court must give a cautionary instruction about the limited use of prior bad acts evidence, and must examine whether the probative value of the evidence substantially outweighs its possible prejudicial effect.
Jury instructions must correctly and adequately inform the jury of applicable law and it is not error to refuse to give defendant’s jury instruction if it may mislead or confuse the jury.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
| Seq. # | Filing Date | Description | Attachment |
|---|---|---|---|
| 1 | 06/07/2018 | NOTICE OF APPEAL : 06/07/2018 | |
| 2 | 06/07/2018 | ORDER FOR TRANSCRIPT : 06/08/2018 | |
| 3 | 06/08/2018 | NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV. | |
| 4 | 06/08/2018 | Notice served on Kyle R. Craig and Kari M. Agotness | |
| 5 | 06/11/2018 | Received $25 e-filing surcharge for ATB (Receipt #26223) | |
| 6 | 07/02/2018 | ELEC. RECORD ON APPEAL DATED JUNE 28,2018(ENTRY NOS. 1-30,35-88,90-122,124-144,147-180,182-200) | |
| 7 | 06/29/2018 | 202-230) Items not Electronic - #89 States Rule 404(b) Motion CD, #123 Exhibit 1: Car Video CD, | |
| 8 | 06/29/2018 | #145 Exhibit 25: Video Re-Enhancement, #146 Exhibit 26: Picture of Metal Stool, | |
| 9 | 06/29/2018 | #181 Exhibit 1: Car Video(same CD as #123), #201 Exhibit 25:Video Re-Enhancement(same CD as #145) | |
| 10 | 07/02/2018 | Items recieved via U.S mail - #89 States Rule - 404(b) Motion CD, #123 & #181 Exhibit 1: Car Video | |
| 11 | 07/02/2018 | CD, #145 - #201 same video of Exhibit 25: Video Enhancement, #146 Exhibit 26: Pic of Metal Stool | |
| 12 | 08/06/2018 | MOT. EXT/TIME TRANSCRIPT | |
| 13 | 08/06/2018 | E-FILED MOTION | |
| 14 | 08/06/2018 | ACTION BY TRIAL COURT - Granted : 08/20/2018 | |
| 15 | 08/08/2018 | 1st ELEC. SUPP. RECORD ON APPEAL DATED August 7, 2018 (ENTRY NOS. 231 - 233) | |
| 16 | 08/16/2018 | ELECTRONIC TRANSCRIPT DATED 10-26-17, 2-15-18, 3-6-18, 3-7-18, 3-8-18 AND REDACTION KEY | |
| 17 | 08/22/2018 | Recieved C.O.S for Transcript | |
| 18 | 09/12/2018 | Received non substantive corrections to transcript dated March 7, 2018 & C.O.S. | |
| 19 | 09/24/2018 | APPELLANT BRIEF | View |
| 20 | 09/24/2018 | E-FILED BRIEF (PDF) | |
| 21 | 09/24/2018 | APPELLANT APPENDIX | |
| 22 | 09/24/2018 | E-FILED APPENDIX | |
| 23 | 10/02/2018 | Rec'd 6 copies each ATB & ATA from CD | |
| 24 | 10/23/2018 | APPELLEE BRIEF | View |
| 25 | 10/23/2018 | E-FILED BRIEF | |
| 26 | 10/23/2018 | APPELLEE APPENDIX | |
| 27 | 10/23/2018 | E-FILED APPENDIX | |
| 28 | 10/26/2018 | Rec'd 6 copies of AEB and AEA from Central Duplicating | |
| 29 | 11/16/2018 | Rec'd $25 surcharge for AEB (receipt #26731) | |
| 30 | 12/17/2018 | NOTICE OF ORAL ARGUMENT SENT | |
| 31 | 12/20/2018 | NOTICE OF RESCHEDULED ORAL ARGUMENT SENT | |
| 32 | 01/17/2019 | APPEARANCES: Kyle R. Craig; Kari M. Agotness | |
| 33 | 01/17/2019 | ARGUED: Kyle R. Craig; Kari M. Agotness | |
| 34 | 01/17/2019 | ORAL ARGUMENT WEBCAST | |
| 35 | 03/13/2019 | DISPOSITION | |
| 36 | 03/13/2019 | UNANIMOUS OPINION : Crothers, Daniel John | View |
| 37 | 03/15/2019 | Judgment Sent to Parties | |
| 38 | 04/08/2019 | MANDATE | |
| 39 | 04/12/2019 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |