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State v. Hirschkorn

Docket No. 20190404
Oral Argument: Monday, June 8, 2020 9:30 AM

Docket Info

Title
State of North Dakota, Plaintiff and Appellee
v.
John Immanuel Hirschkorn, Defendant and Appellant
Case Type
CRIMINAL APPEAL : ASSAULT
Appeal From
Case No. 2018-CR-00307
South Central Judicial District, McLean County
David E. Reich
Oral Argument 6/8/2020

Parties' Statement of Issues

  • Appellant

    1. Whether the Court erred in admission of evidence during trial.
    2. Whether the Court erred in limiting the testimony of Dr. Swenson.
    3. Whether there was insufficient evidence to support a guilty verdict for aggravated assault.
    4. Whether there was insufficient evidence to support a guilty verdict for driving under the influence of alcohol.

  • Appellee 1

    1. Whether the trial court properly admitted evidence at trial?
    2. Whether the trial court properly limited the testimony of an undisclosed expert?
    3. Whether sufficient evidence was presented to sustain the guilty verdicts for Aggravated Assault and Driving Under the Influence?


Summary

John Hirschkorn appeals from a criminal judgment entered after a jury found him guilty of aggravated assault and driving under the influence of alcohol.

In October 2018, Hirschkorn was cited for the offense of driving under the influence. The State subsequently filed an information including the offenses of aggravated assault and driving while under the influence of alcohol. The charges arose out of a bar fight in McLean County that was captured on video. In June 2019, the district court held a two-day jury trial. Before jury selection, Hirschkorn made a motion in limine seeking to exclude certain bar videos from evidence. The court subsequently received the exhibit into evidence at trial over his objection. After the State rested, Hirschkorn moved for a directed verdict on both charges, which the court denied, finding sufficient evidence existed for the case to go to the jury. The jury found him guilty on both counts.

On appeal, Hirschkorn argues the district court erred in the admission and exclusion of evidence during trial, claiming the court should have excluded the exhibit with the bar videos and should not have limited a doctor’s testimony. He further contends insufficient evidence supports the guilty verdicts for aggravated assault and for driving under the influence of alcohol


Briefs

Filing Date Description
04/06/2020 APPELLANT BRIEF View
05/06/2020 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLEE STATE'S ATTORNEY Ladd Ronald Erickson - 05220
APPELLANT PRIVATE PRACTICE Jennifer M. Gooss - 07971

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

Seq. # Filing Date Description Attachment
1 12/18/2019 NOTICE OF APPEAL : 12/18/2019
2 12/18/2019 ORDER FOR TRANSCRIPT : 12/19/2019
3 12/19/2019 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
4 12/19/2019 Notice Served on Jennifer M. Gooss and Ladd R. Erickson
5 01/14/2020 ELEC. RECORD ON APPEAL DATED JANUARY 13, 2020 (ENTRY NOS. 1-120)(Rec'd by U.S. Mail: 88, 90, & 96)
6 02/07/2020 1ST ELEC. SUPP. RECORD ON APPEAL DATED FEBRUARY 6, 2020 (ENTRY NOS. 121 & 122)
7 02/12/2020 Electronic Transcript dated June 27, 2019
8 02/12/2020 Electronic Transcript dated June 28, 2019
9 02/12/2020 C.O.S. for Transcripts dated June 27, 2019 and June 28, 2019
10 02/12/2020 Electronic Transcript dated November 18, 2019
11 02/12/2020 C.O.S. for Electronic Transcript dated November 18, 2019
12 03/19/2020 MOT. EXT/TIME APPELLANT BRIEF
13 03/22/2020 ACTION BY CLERK - Granted : 04/06/2020
14 04/06/2020 APPELLANT BRIEF View
15 04/06/2020 Oral Argument Request by Appellant
16 04/06/2020 APPELLANT APPENDIX
17 04/09/2020 Rec'd 5 copies of ATB and ATA from Central Duplicating
18 04/09/2020 Rec'd 8 copies of appendix pages 24 and 47 discs
19 05/06/2020 APPELLEE BRIEF View
20 05/06/2020 Oral Argument Request by Appellee
21 05/07/2020 Rec'd 5 copies of AEB back from Central Duplicating
22 05/21/2020 NOTICE OF ORAL ARGUMENT SENT
23 05/28/2020 REQUEST TO WAIVE ORAL ARGUMENT ON BEHALF OF APPELLEE
24 05/28/2020 ACTION BY SUPREME COURT - Granted
25 06/08/2020 APPEARANCES: Jennifer M. Gooss; Appellee waived under N.D.R.App.P. 34(f)
26 06/08/2020 ARGUED: Jennifer M. Gooss; Appellee waived under N.D.R.App.P. 34(f)
27 06/08/2020 ORAL ARGUMENT WEBCAST