State v. Castleman
- State of North Dakota, Plaintiff and Appellee
Brent Allen Castleman, Defendant and Appellant
- Case Type
- CRIMINAL APPEAL : MISC. STATUTORY OFFENSE (FELONY)
- Appeal From
Case No. 2019-CR-02004
North Central Judicial District, Ward County
Michael Patrick Hurly
Parties' Statement of Issues
1. Whether the evidence presented at trial was sufficient to convict Mr. Castleman of the offense of child abuse- mental injury.
2. Whether the Court erred in granting a Demand for Change of Judge requested by the State without affording Mr. Castleman the opportunity to be heard.
3. Whether the District Court erred in denying Mr. Castleman’s motion to dismiss based on an alleged speedy trial violation and prosecutorial misconduct.
4. Whether the District Court erred in allowing evidence of prior bad acts to be admitted at trial without conducting the necessary analysis or providing a limiting instruction.
5. Whether the District Court relied on impermissible factors in sentencing.
I. The jury received sufficient evidence to convict Appellant of Child Abuse
II. The district court properly granted the Demand for Change of Judge and Appellant was heard on the issue.
III. The district court properly denied Appellant’s motion to dismiss and any speedy trial issues are moot.
IV. The evidence before the district court was properly admitted.
V. The district court did not rely on impermissible factors in sentencing.
VI. This Court should dismiss the appeal as Appellant’s brief fails to comply with the North Dakota Rules of Appellate Procedure
Brent Castleman appeals from a criminal judgment after a jury convicted him of child abuse.
The State charged Castleman with six counts of child abuse and four counts of child neglect. A preliminary hearing was held, and the district court found probable cause for the six counts of child abuse, but found that probable cause was not established for the four counts of child neglect and dismissed those charges. Castleman moved to dismiss the remaining charges against him, alleging prosecutorial misconduct and a speedy trial violation. The court denied the motion. Castleman filed a second motion to dismiss, alleging a double jeopardy violation. After a hearing, the court dismissed three counts.
Castleman went to trial on the remaining three counts of child abuse. At the close of the State’s case, Castleman moved for an acquittal on all counts. The district court granted the motion for one count, allowing the jury to decide the two remaining counts. The jury returned a guilty verdict on one count of child abuse and a not guilty verdict on the other count of child abuse. Castleman was sentenced.
On appeal, Castleman argues there was insufficient evidence to convict him. He also argues the district court erred in granting the State’s demand for a change of judge, denying his motion to dismiss based on an alleged speedy trial violation and prosecutorial misconduct, allowing evidence of prior bad acts to be admitted, and relying on impermissible sentencing factors.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
|Seq. #||Filing Date||Description||Attachment|
|1||01/14/2021||NOTICE OF APPEAL : 01/14/2021|
|2||01/14/2021||ORDER FOR TRANSCRIPT (trans. 1/14/21)|
|3||01/14/2021||AMENDED ORDER FOR TRANSCRIPT : 01/14/2021|
|4||01/14/2021||NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.|
|5||01/14/2021||Notice Served on Kyle R. Larson and Rozanna C. Larson|
|6||02/09/2021||ELEC. RECORD ON APPEAL DATED FEBRUARY 8, 2021 (ENTRY NOS.1-192 & 194-241)(No Doc #193)|
|7||02/10/2021||AMENDED ELEC. RECORD ON APPEAL DATED FEBRUARY 9, 2021(ENTRY 1-192 & 194-242)(NOT REC'D 193)|
|8||03/12/2021||MOT. EXT/TIME TRANSCRIPT|
|9||03/12/2021||ACTION BY TRIAL COURT : 03/29/2021|
|10||03/29/2021||ELECTRONIC TRANSCRIPT DATED OCTOBER 21, 2019|
|11||03/29/2021||ELECTRONIC TRANSCRIPT DATED MARCH 4, 2020|
|12||03/29/2021||ELECTRONIC TRANSCRIPT DATED APRIL 28, 2020|
|13||03/29/2021||ELECTRONIC TRANSCRIPT DATED NOVEMBER 30, 2020 - TRIAL DAY 1|
|14||03/29/2021||ELECTRONIC TRANSCRIPT DATED DECEMBER 1, 2020 - TRIAL DAY 2|
|15||03/29/2021||ELECTRONIC TRANSCRIPT DATED DECEMBER 1, 2020 - TRIAL DAY 2 REDACTION KEY|
|16||03/29/2021||ELECTRONIC TRANSCRIPT DATED DECEMBER 23, 2020|
|17||03/29/2021||ELECTRONIC TRANSCRIPT DATED DECEMBER 23, 2020 REDACTION KEY|
|18||03/29/2021||TRANSCRIPT CERTIFICATE OF SERVICE|
|19||04/12/2021||ELEC. SUPP. RECORD ON APPEAL DATED APRIL 9, 2021(ENTRY NOS.243, 246-249 )(NO DOC. 244-245)|
|20||05/10/2021||APPELLANT'S BRIEF (AMENDED APPELLANT'S BRIEF FILED 5/19/21)|
|21||05/10/2021||Oral Argument Request by Appellant|
|23||05/12/2021||Rec'd non-substantive corrections to ATB and ATA|
|24||05/14/2021||Rec'd 4 copies of ATB and ATA back from CD|
|25||05/17/2021||Rec'd $27.50 for ATA additional pages (receipt #28139)|
|26||05/19/2021||MOTION TO FILE AMENDED APPELLANT BRIEF|
|27||05/19/2021||ACTION BY CLERK - Granted|
|28||05/19/2021||APPELLANT BRIEF (replaces brief previously filed 5/10/21)||View|
|29||05/29/2021||Oral Argument Request by Appellant|
|30||05/21/2021||Rec'd 4 copies of Amended ATB from CSD|
|31||05/25/2021||Notification that Christopher Nelson will be Appellee's counsel|
|32||05/27/2021||MOTION TO DISMISS BY APPELLEE - RspDue : 06/10/2021||View|
|33||05/27/2021||MOT. EXT/TIME APPELLEE BRIEF|
|34||06/02/2021||ACTION BY CLERK - Granted : 06/18/2021|
|35||06/08/2021||Response Filed to Motion to Dismiss||View|
|36||06/16/2021||MOT. EXT/TIME APPELLEE BRIEF (SECOND)|
|37||06/16/2021||ACTION BY CHIEF JUSTICE - Granted : 07/09/2021|
|38||06/24/2021||ACTION BY SUPREME COURT (motion to dismiss) - Denied||View|
|40||06/30/2021||Oral Argument Request byAppellee|
|42||07/02/2021||Rec'd 4 copies of AEB and AEA back from CSD|
|43||08/05/2021||NOTICE OF ORAL ARGUMENT SENT|
|44||09/17/2021||2ND AMENDED ELEC. RECORD ON APPEAL DATED SEPTEMBER 16, 2021(ENTRY NOS.1-192 & 194-252)|
|45||09/17/2021||REC'D VIA U.S. MAIL - ENTRY NO. #193 - DVD-AUDIO|