State v. West

Docket No. 20180358
Oral Argument: Thursday, April 18, 2019 10:45 AM

Docket Info

Title
State of North Dakota, Plaintiff and Appellee
v.
Madison Beth West, Defendant and Appellant
Case Type
CRIMINAL APPEAL : HOMICIDE
Appeal From
Case No. 2016-CR-00086
Southwest Judicial District, Bowman County
James D. Gion

Parties' Statement of Issues

  • Appellant

    I. Whether the district court’s jury instructions failed to correct the defects in the amended information and were an abuse of discretion.
    II.Whether there was insufficient evidence that Ms. West agreed to intentionally cause the death of Nicholas Johnson.
    III.Whether the district court erred by denying Ms. West’smotion for relief from prejudicial joinder.

  • Appellee 1

    I.The lower court did not err in issuing jury instructions as there was no defect to correct in the amended information.
    II.There was sufficient evidence to sustain the conviction for conspiracy to commit murder.
    III.The court did not err when it denied West’s motion to sever the cases.


Summary

Madison Beth West appeals from the district court’s criminal judgment following a jury verdict finding her guilty of conspiracy to commit murder. West was alleged to have conspired with her co-defendant to murder a third party, dispose of the potential evidence, and flee from the crime scene in an effort to escape.

West argues that the district court incorrectly laid out the charge of conspiracy to commit murder in the amended information and that the jury instructions failed to correct the issue; that the evidence was insufficient to show she agreed intentionally to cause the victim’s death; and that the district court erred by denying her motion to sever her case from the co-defendant’s case under a theory of prejudicial joinder.


Briefs

Filing Date Description
01/30/2019 APPELLANT BRIEF View
03/06/2019 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLEE ATT. GENERAL OFFICE Britta K Demello Rice - 06867
APPELLEE STATE'S ATTORNEY Andrew J. Q. Weiss - 07205
APPELLANT COURT APPOINTED Kiara Costa Kraus-Parr - 06688

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

Seq. # Filing Date Description Attachment
1 09/25/2018 NOTICE OF APPEAL : 09/25/2018
2 09/25/2018 ORDER FOR TRANSCRIPT : 09/25/2018
3 09/25/2018 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
4 09/25/2018 Notice served on Kevin McCabe, Stephanie L. Pretzer, Jonathan R. Byers, & Britta K. Demello Rice
5 10/16/2018 ORDER OF REMAND
6 11/21/2018 ELEC. REC. ON APPEAL DATED NOV. 21, 2018(ENTRY NOS. 1 - 480)(refiled)NOT REC'D 250,253,255,309-311
7 11/21/2018 314, 318-337, 339-342, 344, 348 & 349
8 11/21/2018 MOT. EXT/TIME TRANSCRIPT
9 11/21/2018 ACTION BY TRIAL COURT - Granted : 12/24/2018
10 12/06/2018 Rec'd Notice of Assignment of Counsel by Kiara Kraus-Parr
11 12/13/2018 1ST ELEC. SUPP. RECORD ON APPEAL DATED DECEMBER 12, 2018 (ENTRY NOS. 481-485)
12 12/12/2018 Notice of replacement of Bowman County State's Attorney Pretzer for Weiss
13 12/21/2018 ELEC.TRA DATED 9/21/16, 2/9/17, 3/8/17, 5/23/17, 7/13/17,9/12/17,12/6/17, 1/23/18, 2/9/18, 2/12/18
14 12/21/2018 2/13/18, 2/14/18, 2/15/18, 2/16/18, 2/20/18, 2/21/18, 2/22/18, 8/27/18, 9/4/18, 9/12/18 & C.O.S.
15 01/16/2019 2ND ELEC. SUPP. RECORD ON APPEAL DATED JANUARY 15, 2019 (ENTRY NOS. 486 - 490 )
16 01/21/2019 3RD ELEC. SUPP. RECORD ON APPEAL DATED JANUARY 18, 2019 (ENTRY NOS. 491 - 494)
17 01/23/2019 4TH ELEC. SUPP. RECORD ON APPEAL DATED JANUARY 22, 2019 (ENTRY NOS. 495 - 498 )
18 01/30/2019 APPELLANT BRIEF View
19 01/30/2019 E-FILED BRIEF
20 01/30/2019 APPELLANT APPENDIX
21 01/30/2019 E-FILED APPENDIX
22 02/04/2019 Rec'd 6 copies of ATB from Central Duplicating
23 02/04/2019 Rec'd 6 copies of ATA from Central Duplicating
24 02/04/2019 Rec'd $25 surcharge for ATB (Receipt No. 26878)
25 02/05/2019 MOT. EXT/TIME APPELLEE BRIEF
26 02/06/2019 ACTION BY CLERK - Granted : 03/07/2019
27 02/13/2019 5TH ELEC. SUPP. RECORD ON APPEAL DATED FEBRUARY 12, 2019 (ENTRY NOS. 499 -501)
28 02/20/2019 6TH ELEC. SUPP. RECORD ON APPEAL DATED FEBRUARY 20, 2019 (ENTRY NOS. 502 AND 503 )
29 03/06/2019 APPELLEE BRIEF View
30 03/06/2019 DISK (emailed)
31 03/06/2019 APPELLEE APPENDIX
32 03/19/2019 NOTICE OF ORAL ARGUMENT SENT
33 04/18/2019 APPEARANCES: Kiara Kraus-Parr/Britta Demello Rice and Andrew Weiss
34 04/18/2019 ARGUED: Kraus-Parr/Demello Rice
35 04/18/2019 ORAL ARGUMENT WEBCAST