State v. Metz
- State of North Dakota, Plaintiff and Appellee
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
Parties' Statement of Issues
Whether the district court erred by denying Mr. Metz’s motion for acquittal.
Whether the Court properly denied Defendant’s motion for acquittal?
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.
(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|
|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|
|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|