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City of West Fargo v. Ekstrom

Docket No. 20190079
Oral Argument: Tuesday, October 15, 2019 1:30 PM

Docket Info

Title
City of West Fargo, Plaintiff and Appellee
v.
Mandie Le Ekstrom, Defendant and Appellant
Case Type
CRIMINAL APPEAL : DUI/DUS
Appeal From
Case No. 2018-CR-00581
East Central Judicial District, Cass County
Susan Lynne Bailey
2020 ND 37938 N.W.2d 915
Oral Argument 10/15/2019

Highlight

A mistrial that is declared with the defendant’s consent, such as when the defendant moves for a mistrial without having been goaded into doing so by misconduct attributable to the prosecutor, generally does not bar a later prosecution.

A fact used to enhance a criminal sentence beyond the statutory maximum for the crime committed must be decided by a jury beyond a reasonable doubt. Any fact leading to the imposition of a mandatory minimum sentence must also be found by a jury beyond a reasonable doubt.


Briefs

Filing Date Description
06/24/2019 APPELLANT BRIEF View
07/24/2019 APPELLEE BRIEF View
08/07/2019 REPLY BRIEF View

Counsel

Party Type Name
APPELLEE ASST. CITY ATTORNEY Stephen Roger Hanson - 08585
APPELLANT PRIVATE PRACTICE Luke Thomas Heck - 08133

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

Seq. # Filing Date Description Attachment
1 03/08/2019 NOTICE OF APPEAL
2 03/08/2019 ORDER FOR TRANSCRIPT : 03/11/2019
3 03/11/2019 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
4 03/11/2019 Notice served on Luke T. Heck and Elle Molbert
5 03/12/2019 AMENDED NOTICE APPEAL W/ PRELIMINARY ISSUES
6 03/12/2019 NOT. OF FILING AMENDED NOT. OF APPEAL WITH PRELIM ISSUES AND PROOF OF SERV.
7 03/12/2019 Notice served on Luke T. Heck and Elle Molbert
8 04/09/2019 ELEC. RECORD ON APPEAL DATED APRIL 8, 2019 (ENTRY NOS. 1 - 82 & 84 - 114)(not rec'd #83)
9 04/25/2019 Transcript dated October 9, 2018
10 04/25/2019 Transcript dated October 9, 2018 C.O.S
11 04/26/2019 Rec'd Amended C.O.S. for transcript dated October 9, 2018
12 04/30/2019 Transcript dated 2/19/19
13 04/30/2019 Transcript dated 2/20/19
14 04/30/2019 Transcript dated 2/19/19 and 2/20/19 C.O.S.
15 05/01/2019 Rec'd Redacted TRA for 2-20-19
16 05/01/2019 Rec'd C.O.S for Redacted TRA dated 2-19-19, 2-20-19
17 05/13/2019 Rec'd Redaction Key
18 05/13/2019 Rec'd Redaction Key C.O.S
19 05/14/2019 ELECTRONIC TRANSCRIPT DATED OCTOBER 29, 2018
20 05/14/2019 TRANSCRIPT C.O.S.
21 06/24/2019 APPELLANT BRIEF View
22 06/24/2019 Oral Argument Request by Appellant
23 06/24/2019 APPELLANT APPENDIX
24 06/28/2019 Rec'd non-substantive corrections to ATB with service doc.
25 07/02/2019 Rec'd 6 copies of ATB/ATA from Central Duplicating
26 07/24/2019 Consent of Stephen Hanson, WF City Prosecutor, for Kelsey Stock, 3rd year law student was received.
27 07/24/2019 APPELLEE BRIEF View
28 08/01/2019 Rec'd 6 copies of AEB from Central Duplicating
29 08/07/2019 REPLY BRIEF View
30 08/09/2019 Rec'd 6 copies of RYB back from Central Dulicating
31 10/15/2019 APPEARANCES: Luke Heck/Stephen Hanson & Kelsey Stock, 3rd year law student
32 10/15/2019 ARGUED: Heck/Hanson
33 10/15/2019 Case argued at Wishek Public School
34 02/12/2020 DISPOSITION (and Remanded)
35 02/12/2020 UNANIMOUS OPINION : McEvers, Lisa K. Fair View
36 02/12/2020 Concur : Tufte, Jerod E.
37 02/12/2020 Concur/Join : Jensen, Jon J.
38 02/13/2020 Judgment Sent to Parties February 13, 2020
39 03/05/2020 MANDATE