State v. Hirschkorn
- State of North Dakota, Plaintiff and Appellee
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
Parties' Statement of Issues
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.
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?
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
(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|
|15||04/06/2020||Oral Argument Request by Appellant|
|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|
|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|