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State v. Castleman

Docket No. 20210011
Oral Argument: Friday, September 24, 2021 9:00 AM

Docket Info

Title
State of North Dakota, Plaintiff and Appellee
v.
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

  • Appellant

    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.

  • Appellee 1

    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


Summary

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.


Briefs

Filing Date Description
05/19/2021 APPELLANT BRIEF (replaces brief previously filed 5/10/21) View
06/30/2021 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLANT COURT APPOINTED Kyle Richard Craig - 07935
APPELLEE ASST. STATE'S ATTORNEY Christopher W. Nelson - 08708

(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
22 05/10/2021 APPELLANT APPENDIX
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
39 06/30/2021 APPELLEE BRIEF View
40 06/30/2021 Oral Argument Request byAppellee
41 06/30/2021 APPELLEE APPENDIX
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