Search Tips

State v. Smith

Docket No. 20220162
Oral Argument: Thursday, December 1, 2022 10:45 AM

Docket Info

Title
State of North Dakota, Plaintiff and Appellee
v.
Travis Edward Smith, Defendant and Appellant
Case Type
CRIMINAL APPEAL : ASSAULT
Appeal From
Case No. 2021-CR-02956
East Central Judicial District, Cass County
Wade L. Webb
2023 ND 82989 N.W.2d 490
Oral Argument 12/1/2022

Highlight

When a party asserts prosecutorial misconduct for the first time on appeal, this Court may review for obvious error.

Questioning by the State regarding relevant evidence in the case may not amount to a prosecutor stating his personal belief on a defendant’s claim of self-defense nor prosecutorial misconduct.

Questioning by the State will not warrant reversal when such questions were invited by the defense.

Questions regarding potential weaknesses of a defendant’s case does not amount to burden shifting, particularly when the jury is reminded numerous times throughout trial that the burden is on the State.

Non-public exchanges, such as brief sidebars or bench conferences, between counsel and the court on routine evidentiary issues, technical legal issues, and administrative issues are not public trial violations.

The district court does not abuse its discretion by allowing expert testimony when it found the testimony was relevant, not overly cumulative, and properly noticed.

Briefs

Filing Date Description
09/06/2022 APPELLANT BRIEF View
11/07/2022 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLEE ASST. STATE'S ATTORNEY Ryan James Younggren - 06400
APPELLANT COURT APPOINTED Kiara Costa Kraus-Parr - 06688
APPELLEE ASST. STATE'S ATTORNEY Nicholas Steven Samuelson - 08841
APPELLEE ASST. STATE'S ATTORNEY Tracy Andrew Gompf - 05350

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

Seq. # Filing Date Description Attachment
1 06/01/2022 NOTICE OF APPEAL : 06/01/2022
2 06/01/2022 ORDER FOR TRANSCRIPT (transmitted 6/2/22)
3 06/02/2022 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
4 06/02/2022 Notice served on Elizabeth B. Brainard & Ryan J. Younggren
5 06/07/2022 Kiara C. Kraus-Parr appointed to represent Appellant
6 06/09/2022 AMENDED ORDER FOR TRANSCRIPT : 06/10/2022
7 06/28/2022 ELEC. RECORD ON APPEAL DATED JUNE 27, 2022 (ENTRY NOS. 1-116, 119-137)
8 06/29/2022 Rec'd via U.S mail - Entry Nos. 117 & 118 (Exhibits 106 & 107 - CD's)
9 07/08/2022 AMENDED ELEC. RECORD ON APPEAL DATED July 5, 2022 (ENTRY NOS. 1-139)
10 07/08/2022 Rec'd via U.S mail - Entry Nos. 58-61 (Exhibits P-1, 2, 3, 4 CD's)
11 07/26/2022 All Transcripts Filed in Record
12 09/06/2022 APPELLANT BRIEF View
13 09/06/2022 Oral Argument Request by Appellant
14 09/09/2022 Rec'd correction to ATB (page numbering)
15 09/13/2022 Rec'd 3 copies of ATB from CSD
16 09/22/2022 MOT. EXT/TIME APPELLEE BRIEF View
17 09/22/2022 ACTION BY CHIEF DEPUTY CLERK - Granted : 11/07/2022
18 11/07/2022 APPELLEE BRIEF View
19 11/07/2022 Oral Argument Request by Appellee
20 11/08/2022 Rec'd corrected c.o.s (date of svc)
21 11/09/2022 Rec'd 3 copies of AEB from CSD
22 11/23/2022 NOTICE OF ORAL ARGUMENT SENT
23 12/01/2022 APPEARANCES: Kiara C. Kraus-Parr and Ryan J. Younggren
24 12/01/2022 ARGUED: Kiara C. Kraus-Parr and Ryan J. Younggren
25 12/01/2022 ORAL ARGUMENT WEBCAST
26 04/26/2023 DISPOSITION
27 04/26/2023 UNANIMOUS OPINION : McEvers, Lisa K. Fair View
28 04/26/2023 Judgment View
29 05/10/2023 PETITION FOR REHEARING View
30 05/11/2023 Rec'd 4 copies of PER from CSD
31 05/17/2023 ACTION BY SUPREME COURT - Denied View
32 05/25/2023 MANDATE
33 06/08/2023 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE View
34 06/16/2023 Corrected/Substitute Opinion Page (pg 3, para 6, ln 8 period removed after 803 N.W.2d;
35 06/16/2023 pg 12, para 24, ln 9, spaces around em dash removed; pg 12, para 25, ln 4, spaces around em dash
36 06/16/2023 removed; pg 15, para 34, ln 7, abbreviation Evid. corrected to Ev.