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City of Jamestown v. Kastet

Docket No. 20210170
Oral Argument: Monday, November 29, 2021 2:45 PM

Docket Info

Title
City of Jamestown, Plaintiff and Appellee
v.
Holden Thomas Kastet, Defendant and Appellant
Case Type
CRIMINAL APPEAL : ASSAULT
Appeal From
Case No. 2021-CR-00017
Southeast Judicial District, Stutsman County
Troy J. LeFevre
Oral Argument 11/29/2021

Parties' Statement of Issues

  • Appellant

    [1] A defendant is entitled to a jury instruction on a defense if there is evidence that creates a reasonable doubt about an element of the charged defense. Consent is a defense to the charge of simple assault. The district court erred by denying Defendant's requested consent as a defense instruction.
    [2] A defendant is entitled to a jury instruction on a defense if there is evidence that creates a reasonable doubt about an element of the charged defense. Self-defense is a defense to the charge of simple assault. The district court erred by denying Defendant's requested self-defense instruction.

  • Appellee 1

    [¶1] Whether the District Court correctly determined that the defense of consent does not apply to the charge of simple assault when a defendant headbutts and repeatedly punches the victim in a public place because it would violate public policy.
    [¶2] Whether the District Court correctly denied the requested jury instruction on selfdefense when the defendant is unable to show that his beliefs were reasonable and when the defendant was the initial aggressor.


Summary

Holden Kastet appeals from a criminal judgment after a jury found him guilty of simple assault.
According to trial testimony, Kastet was confronted by another individual in a Jamestown bar. After a fight outside the bar, Kastet was arrested and charged with simple assault. Before trial, Kastet requested jury instructions on the defenses of consent and self-defense. Kastet argued he acted in self-defense or the victim consented to the fight. The district court denied Kastet’s requested instructions. A jury found Kastet guilty.
On appeal, Kastet argues the district court erred by failing to provide his requested jury instructions on self-defense and consent as a defense.


Briefs

Filing Date Description
08/02/2021 APPELLANT BRIEF View
09/01/2021 APPELLEE BRIEF (non-substantive correction to brief signed September 2, 2021) View
09/09/2021 REPLY BRIEF View

Counsel

Party Type Name
APPELLANT PRIVATE PRACTICE Luke Thomas Heck - 08133
APPELLEE ASST. CITY ATTORNEY Abbagail Catherine Geroux - 08388
APPELLANT PRIVATE PRACTICE Mark Allan Friese - 05646

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

Seq. # Filing Date Description Attachment
1 06/14/2021 NOTICE OF APPEAL : 06/14/2021
2 06/14/2021 ORDER FOR TRANSCRIPT : 06/21/2021
3 06/15/2021 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
4 06/15/2021 Notice filed on Luke T. Heck, Mark A. Friese & Abbagail C. Geroux
5 07/07/2021 ELEC. RECORD ON APPEAL DATED JULY 6, 2021 (ENTRY NOS. 1-60)(NOT SENT: 51)
6 07/07/2021 AMENDED ELEC. RECORD ON APPEAL DATED JULY 6, 2021 (ENTRY NOS. 1-60\2)(NOT SENT: 50 & 51)
7 07/12/2021 1ST ELEC. SUPP. RECORD ON APPEAL DATED JULY 8, 2021 (ENTRY NOS. 63)(REC'D VIA U.S. MAIL 50 & 51-CD)
8 07/26/2021 ELEC. SUPP. RECORD ON APPEAL DATED JULY 23, 2021 (ENTRY NOS. 64-82)
9 07/27/2021 ELECTRONIC TRANSCRIPT DATED JUNE 1, 2021
10 07/27/2021 TRANSCRIPT C.O.S.
11 08/02/2021 APPELLANT BRIEF View
12 08/02/2021 APPELLANT APPENDIX
13 08/02/2021 Oral Argument Request by Appellant
14 08/04/2021 Rec'd 4 copies of ATB & 3 copies of ATA from CSD
15 09/01/2021 APPELLEE BRIEF (non-substantive correction to brief signed September 2, 2021) View
16 09/01/2021 Oral Argument Request by Appellee
17 09/07/2021 Rec'd 4 copies of AEB from CSD
18 09/09/2021 REPLY BRIEF View
19 09/13/2021 Rec'd 4 copies of RYB from CSD
20 10/19/2021 NOTICE OF ORAL ARGUMENT SENT
21 11/29/2021 APPEARANCES: Mark A. Friese/Abbagail C. Geroux
22 11/29/2021 ARGUED: Mark A. Friese/Abbagail C. Geroux
23 11/29/2021 ORAL ARGUMENT WEBCAST