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State v. Richardson

Docket No. 20200083
Oral Argument: Waived

Docket Info

Title
State of North Dakota, Plaintiff and Appellee
v.
Richard Richardson, III, Defendant and Appellant
Case Type
CRIMINAL APPEAL : MISC. STATUTORY OFFENSE (FELONY)
Appeal From
Case No. 2019-CR-02197
Northeast Central Judicial District, Grand Forks County
M. Jason McCarthy

Parties' Statement of Issues

  • Appellant

    The State failed to present any evidence whatsoever regarding the second essential element, thereby negating any finding of guilt by the jury.

  • Appellee 1

    The evidence presented at trial was insuffucient to sustain the guilty verdict for Reckless Endangerment.


Summary

Richard Richardson III appeals from a criminal judgment for felony reckless endangerment with a dangerous weapon following a jury trial.

On October 7, 2019, three men were traveling on a frontage road near a gas station in Grand Forks. Richardson approached their vehicle on foot and fired seven shots from a pistol. At trial, Richardson claimed one of the vehicle’s occupants pointed a firearm at him and Richardson fired the shots in self-defense.

On appeal, Richardson argues there was insufficient evidence to support his felony conviction for reckless endangerment.


Briefs

Filing Date Description
07/15/2020 APPELLANT BRIEF View
08/14/2020 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLEE ASST. STATE'S ATTORNEY Andrew C. Eyre - 07121
APPELLANT COURT APPOINTED Russell John Myhre - 03180

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

Seq. # Filing Date Description Attachment
1 03/13/2020 NOTICE OF APPEAL : 03/13/2020
2 03/13/2020 ORDER FOR TRANSCRIPT : 03/16/2020
3 03/16/2020 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
4 03/16/2020 Notice served on Patricia R. Castro and Andrew C. Eyre
5 03/27/2020 Rec'd Notice of Assignment of Counsel by Russell Myhre
6 04/13/2020 ELEC. RECORD ON APPEAL DATED APRIL 9, 2020 (ENTRY NOS. 1-91, 101-125, 128-138, 140-147, 149-173,
7 04/13/2020 & 175)(NOT SENT: 92-100, 126-127, 139, & 148)
8 04/15/2020 AMENDED ELEC. RECORD ON APPEAL DATED APRIL 15, 2020 (ENTRY NOS. 1-90, 92-124, 126-173, 175-179)
9 04/15/2020 (NOT SENT: 92-100, 126-127, 139, & 148)
10 05/08/2020 STIPULATION FOR REMAND
11 05/11/2020 ACTION BY CHIEF JUSTICE - Granted
12 05/11/2020 ORDER OF REMAND
13 05/13/2020 Order Sent to Parties
14 05/14/2020 ELECTRONIC TRANSCRIPT DATED OCTOBER 9, 2019
15 05/14/2020 ELECTRONIC TRANSCRIPT DATED NOVEMBER 15, 2019
16 05/14/2020 ELECTRONIC TRANSCRIPT DATED JANUARY 23, 2020
17 05/14/2020 ELECTRONIC TRANSCRIPT DATED MARCH 9, 2020
18 05/14/2020 TRANSCRIPT C.O.S.
19 05/15/2020 MOT. EXT/TIME TRANSCRIPT
20 05/15/2020 ACTION BY TRIAL COURT - Granted : 06/02/2020
21 05/15/2020 ELEC. ROA DATED MAY 14, 2020 (ENTRY NOS. 1-90, 92-124, 126-173, & 175-185) (RE-CERT.)
22 05/15/2020 NOT ELEC: 93 94 95 97-100, 126 127 139 & 148 DELETED: 174 - NOT IN FILE: 91 & 125 (RE-CERT)
23 05/19/2020 ELECTRONIC TRANSCRIPT DATED MARCH 10, 2020
24 05/19/2020 ELECTRONIC TRANSCRIPT DATED MARCH 10, 2020 REDACTION KEY
25 05/20/2020 2ND ELEC. SUPP. RECORD ON APPEAL DATED MAY 19, 2020 (ENTRY NOS. 185-188)
26 06/05/2020 ELECTRONIC TRANSCRIPT DATED MARCH 11, 2020
27 06/05/2020 ELECTRONIC TRANSCRIPT DATED MARCH 11, 2020 REDACTION KEY
28 06/05/2020 ELECTRONIC TRANSCRIPT DATED MARCH 12, 2020
29 06/05/2020 TRANSCRIPT C.O.S.
30 07/15/2020 APPELLANT BRIEF View
31 07/15/2020 APPELLANT APPENDIX
32 07/20/2020 Rec'd 5 copies of ATB and 4 copies of ATA back from CSD
33 08/14/2020 APPELLEE BRIEF View
34 08/17/2020 Rec'd Written Approval by Andrew C. Eyre for Elliot J. Stroll 3rd Year Law Student
35 08/18/2020 Rec'd 5 copies of AEB back from CSD
36 08/25/2020 3RD ELEC. SUPP. RECORD ON APPEAL DATED AUGUST 24, 2020 (ENTRY NOS. 188-195 )
37 09/16/2020 ORAL ARGUMENT WAIVED - NO REQUESTS FOR ARGUMENT
38 10/29/2020 APPEARANCES: Wavied under N.D.R.App.P. 34(a)(1)(c)
39 10/29/2020 ARGUED: Wavied under N.D.R.App.P. 34(a)(1)(c)