State v. West
- State of North Dakota, Plaintiff and Appellee
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
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.
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.
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.
(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 )|
|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 )|
|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|