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State v. Metz

Docket No. 20200023
Oral Argument: Monday, June 29, 2020 1:30 PM

Docket Info

Title
State of North Dakota, Plaintiff and Appellee
v.
Russell James Metz, Defendant and Appellant
Case Type
CRIMINAL APPEAL : THEFT
Appeal From
Case No. 2019-CR-01917
South Central Judicial District, Burleigh County
Douglas Alan Bahr
Oral Argument 6/29/2020

Parties' Statement of Issues

  • Appellant

    Whether the district court erred by denying Mr. Metz’s motion for acquittal.

  • Appellee 1

    Whether the Court properly denied Defendant’s motion for acquittal?


Summary

Metz appeals from a district court’s judgment after a jury found him guilty of conspiracy to commit burglary.

On July 1, 2019, the Bismarck police were called to the Gateway Mall, for a reported a break in. Officers made contact with Metz and Chrisikos. Metz denied any involvement with the burglary. Officers located two ski masks, a drill, and two headphone sets belonging to the victim in Metz’s truck. A jury trial was held. At the close of the State’s case, Metz moved for an acquittal under N.D.R.Crim.P. 29, arguing there was no evidence of any agreement prior to Chrisikos going into the building and committing the crime of burglary. The State argued that it only had to show Metz and Chrisikos’ involvement with each other, which had been shown by the evidence. Agreeing with the State, the district court denied Metz’s motion.

On appeal, Metz contends there was insufficient evidence for the jury to find that he was guilty of conspiracy.


Briefs

Filing Date Description
05/04/2020 APPELLANT BRIEF View
06/02/2020 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLEE ASST. STATE'S ATTORNEY Justin Jon Schwarz - 05784
APPELLANT COURT APPOINTED Kiara Costa Kraus-Parr - 06688

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

Seq. # Filing Date Description Attachment
1 01/27/2020 NOTICE OF APPEAL : 01/27/2020
2 01/27/2020 ORDER FOR TRANSCRIPT
3 01/28/2020 Kiara Costa Kraus-Parr appointed to represent Appellant
4 01/28/2020 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
5 01/28/2020 Notice served on Kiara Costa Kraus-Parr and Justin J. Schwarz
6 01/28/2020 AMENDED ORDER FOR TRANSCRIPT : 01/30/2020
7 02/05/2020 ELECTRONIC TRANSCRIPT DATED JULY 2, 2019
8 02/05/2020 CERTIFICATE OF SERVICE 7-2-19 TRA
9 02/12/2020 ELECTRONIC TRANSCRIPT DATED NOVEMBER 7, 2019
10 02/12/2020 CERTIFICATE OF SERVICE FOR TRA DATED 11-7-19
11 02/25/2020 ELEC. RECORD ON APPEAL DATED FEBRUARY 24, 2020(ENTRY NOS. 1-56)(NOT REC'D 41-45)
12 03/25/2020 ELECTRONIC TRANSCRIPT DATED SEPTEMBER 3, 2019
13 03/25/2020 ELECTRONIC TRANSCRIPT DATED JANUARY 23, 2020
14 03/25/2020 C.O.S FOR TRANSCRIPTS DATED 9/3/19 AND 1/23/20
15 03/26/2020 1ST ELEC. SUPP. RECORD ON APPEAL DATED MARCH 25, 2020 (ENTRY NOS. #57 - #68)
16 04/07/2020 Rec'd non-substantive correction to 7/2/19 (corrected date on title page)
17 04/08/2020 Rec'd c.o.s. for non-substantive tra correction
18 05/04/2020 APPELLANT BRIEF View
19 05/04/2020 APPELLANT APPENDIX
20 05/04/2020 Oral Argument Request by Appellant
21 05/06/2020 Rec'd 5 copies of ATB & ATA from CSD
22 05/21/2020 NOTICE OF ORAL ARGUMENT SENT
23 06/02/2020 APPELLEE BRIEF View
24 06/03/2020 Rec'd 5 copies of AEB from CSD
25 06/29/2020 APPEARANCES: Kiara C. Kraus-Parr; Justin J. Schwarz
26 06/29/2020 ARGUED: Kiara C. Kraus-Parr; Justin J. Schwarz
27 06/29/2020 ORAL ARGUMENT WEBCAST