State v. Davis
Docket Info
- Title
- State of North Dakota, Plaintiff and Appellee
v.
Sheldon George Davis, Defendant and Appellant - Case Type
- CRIMINAL APPEAL : HOMICIDE
- Appeal From
-
Case No. 2019-CR-03249
East Central Judicial District, Cass County
Tristan Jones Van de Streek
Highlight
Constitutional forfeiture doctrine recognized by adopting the hearsay exception under N.D.R.Ev. 804(b)(6).
Forfeiture by wrongdoing requires the State to prove (1) that the declarant-witness is unavailable; (2) that the defendant engaged in wrongful conduct; (3) that the wrongful conduct procured the unavailability of the witness; and (4) that the defendant intended to procure the unavailability of the witness.
Forfeiture by wrongdoing was properly applied where the district court found, by a preponderance of the evidence, that defendant murdered victim with intent to prevent testimony at criminal proceedings.
The State is not required to prove defendant intended to prevent victim from testifying in the same case in which testimony was offered. Intent to prevent testimony in foreseeable proceeding or investigation is sufficient.
A sentence is illegal if it is not authorized by the judgment of conviction, and a district court must abide by the terms of the judgment when amending the judgment to include restitution.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
Seq. # | Filing Date | Description | Attachment |
---|---|---|---|
1 | 05/24/2021 | NOTICE OF APPEAL : 05/24/2021 | |
2 | 05/24/2021 | ORDER FOR TRANSCRIPT (transmitted 5/24/21) | |
3 | 05/24/2021 | NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV. | |
4 | 05/24/2021 | Notice served on Jared W. Gietzen & Carmell F. Mattison | |
5 | 05/26/2021 | Kiara C. Kraus-Parr appointed to represent Appellant. | |
6 | 05/26/2021 | AMENDED ORDER FOR TRANSCRIPT : 05/27/2021 | |
7 | 05/27/2021 | ELECTRONIC TRANSCRIPT DATED JANUARY 9, 2020 | |
8 | 05/27/2021 | Certificate of Service for Transcript | |
9 | 06/14/2021 | MOTION FOR REMAND BY APPELLEE | |
10 | 06/14/2021 | ACTION BY CLERK - Denied | |
11 | 06/14/2021 | ELECTRONIC TRANSCRIPT DATED JANUARY 19, 2021 | |
12 | 06/14/2021 | ELECTRONIC TRANSCRIPT DATED MARCH 4, 2021 (voir dire) | |
13 | 06/14/2021 | ELECTRONIC TRANSCRIPT DATED MARCH 4, 2021 | |
14 | 06/14/2021 | ELECTRONIC TRANSCRIPT DATED MARCH 5, 2021 | |
15 | 06/14/2021 | ELECTRONIC TRANSCRIPT DATED MARCH 8, 2021 | |
16 | 06/14/2021 | ELECTRONIC TRANSCRIPT DATED MARCH 9, 2021 | |
17 | 06/14/2021 | ELECTRONIC TRANSCRIPT DATED MARCH 10, 2021 | |
18 | 06/14/2021 | ELECTRONIC TRANSCRIPT DATED MARCH 11, 2021 | |
19 | 06/14/2021 | ELECTRONIC TRANSCRIPT DATED MARCH 12, 2021 | |
20 | 06/14/2021 | ELECTRONIC TRANSCRIPT DATED MAY 10, 2021 | |
21 | 06/14/2021 | Certificate of Service for transcripts | |
22 | 06/21/2021 | ELEC. RECORD ON APPEAL DATED JUNE 18, 2021 (ENTRY NOS. 1-126, 132-135, 137-313, 316-318, 321-355 | |
23 | 06/21/2021 | 357, 359-364, 366-368, 371-426) (SENT VIA U.S. MAIL 127-131-CDS, 136-CD, 314-315-CDS, | |
24 | 06/21/2021 | 319-320-CDS, 356-358-CDS, 365-CD, 369-CD & 370-CD) | |
25 | 07/14/2021 | ELECTRONIC TRANSCRIPT DATED AUGUST 6, 2019 | |
26 | 07/14/2021 | ELECTRONIC TRANSCRIPT DATED OCTOBER 9, 2019 | |
27 | 07/14/2021 | ELECTRONIC TRANSCRIPT DATED MARCH 12, 2020 | |
28 | 07/14/2021 | ELECTRONIC TRANSCRIPT DATED AUGUST 21, 2020 | |
29 | 07/14/2021 | ELECTRONIC TRANSCRIPT DATED OCTOBER 21, 2020 | |
30 | 07/14/2021 | ELECTRONIC TRANSCRIPT DATED FEBRUARY 11, 2021 | |
31 | 07/14/2021 | ELECTRONIC TRANSCRIPT DATED MARCH 3, 2021 | |
32 | 07/14/2021 | REDACTION KEY FOR ELECTRONIC TRANSCRIPT DATED MARCH 3, 2021 | |
33 | 07/14/2021 | Certificate of Service for transcripts | |
34 | 08/23/2021 | APPELLANT BRIEF | View |
35 | 08/23/2021 | APPELLANT APPENDIX | |
36 | 08/23/2021 | Oral Argument Request by Appellant | |
37 | 08/24/2021 | Rec'd non-substantive correction to ATB (pg numbering) | |
38 | 08/26/2021 | Rec'd 4 copies of ATB & 3 copies of ATA from CSD | |
39 | 09/23/2021 | APPELLEE BRIEF | View |
40 | 09/23/2021 | Oral Argument Request by Appellee | |
41 | 09/23/2021 | Rec'd non-substantive corrections to AEB | |
42 | 09/29/2021 | Rec'd 4 copies of AEB back from CD | |
43 | 10/19/2021 | NOTICE OF ORAL ARGUMENT SENT | |
44 | 11/30/2021 | APPEARANCES: Kiara C. Kraus-Parr/Megan J. K. Essig | |
45 | 11/30/2021 | ARGUED: Kiara C. Kraus-Parr/Megan J. K. Essig | |
46 | 11/30/2021 | ORAL ARGUMENT WEBCAST | |
47 | 02/18/2022 | DISPOSITION (AND REMANDED) | |
48 | 02/18/2022 | UNANIMOUS OPINION : McEvers, Lisa K. Fair | View |
49 | 02/18/2022 | Judgment | View |
50 | 03/03/2022 | PETITION FOR REHEARING | View |
51 | 03/04/2022 | Rec'd corrections to PER (pg #s, cert of comp) | |
52 | 03/07/2022 | Rec'd 3 copies of PER | |
53 | 03/15/2022 | ACTION BY SUPREME COURT - Denied | View |
54 | 03/23/2022 | MANDATE | |
55 | 03/30/2022 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |