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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
2020 ND 268952 N.W.2d 225
Oral Argument 6/8/2020

Highlight

A district court’s decision to exclude evidence on the basis it lacks adequate foundation lies within its sound discretion and will not be reversed on appeal absent an abuse of discretion that affected substantial rights.

To authenticate evidence under N.D.R.Ev. 901(a), the proponent must produce evidence sufficient to support a finding that the item is what the proponent claims it is.

The proponent of offered evidence need not rule out all possibilities inconsistent with authenticity or conclusively prove that evidence is what it purports to be; rather, the proponent must provide proof sufficient for a reasonable juror to find the evidence is what it purports to be.

A defendant challenging the sufficiency of the evidence on appeal must show that the evidence, when viewed in the light most favorable to the verdict, reveals no reasonable inference of guilt.

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
28 12/17/2020 DISPOSITION
29 12/17/2020 UNANIMOUS OPINION : Tufte, Jerod E. View
30 12/18/2020 Judgment
31 01/13/2021 MANDATE
32 03/08/2021 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE