State v. Schaf
Docket Info
- Title
- State of North Dakota, Plaintiff and Appellee
v.
Brian Lee Schaf, Defendant and Appellant - Case Type
- CRIMINAL APPEAL : SEXUAL OFFENSE
- Appeal From
-
Case No. 2021-CR-01463
South Central Judicial District, Burleigh County
James S. Hill
Parties' Statement of Issues
-
Appellant
[¶1] Whether the District Court abused its discretion when it prevented an experienced medical doctor from testifying about Schaf’s intoxication during the alleged offenses?
[¶2] Whether the District Court erred in denying Schaf’s request for a lesser included offense jury instruction?
[¶3] Whether the jury instructions incorrectly stated Schaf’s intoxication only applied to one element of Gross Sexual Imposition? -
Appellee 1
[¶ 1] Whether the district court abused its discretion by excluding purported expert testimony on the effects of Appellant Brian Schaf’s voluntary intoxication.
[¶ 2] Whether Schaf was entitled to a lesser-included offense instruction.
[¶ 3] Whether the district court correctly concluded that intoxication is not relevant to the jury’s consideration of an element requiring willful conduct.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
Seq. # | Filing Date | Description | Attachment |
---|---|---|---|
1 | 11/03/2022 | NOTICE OF APPEAL : 11/03/2022 | View |
2 | 11/03/2022 | ORDER FOR TRANSCRIPT : 11/04/2022 | View |
3 | 11/03/2022 | NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV. | View |
4 | 11/03/2022 | Notice Served on Jackson J. Lofgren & Dennis H. Ingold | |
5 | 11/29/2022 | ELEC. RECORD ON APPEAL DATED NOVEMBER 28, 2022 (ENTRY NOS. 1-139) | View |
6 | 12/22/2022 | 1ST ELEC. SUPP. RECORD ON APPEAL DATED DECEMBER 21, 2022 (ENTRY NOS. 140-147) | View |
7 | 01/04/2023 | All Transcripts Filed in Record | |
8 | 02/10/2023 | APPELLANT BRIEF | View |
9 | 02/10/2023 | Oral Argument Request by Appellant | |
10 | 02/10/2023 | Rec'd correction to Double Spacing on ATB w/o Service Doc | |
11 | 02/10/2023 | Rec'd additional corrections OAR Statement on ATB w/ Service Document | |
12 | 02/13/2023 | Rec'd 4 copies of ATB from CSD | |
13 | 02/16/2023 | 2ND ELEC. SUPP. RECORD ON APPEAL DATED FEBRUARY 14, 2023 (ENTRY NOS. 148-155) | View |
14 | 03/13/2023 | APPELLEE BRIEF | View |
15 | 03/13/2023 | Oral Argument Request by Apellee | |
16 | 03/14/2023 | Rec'd 4 copies of AEB from CSD | |
17 | 03/21/2023 | NOTICE OF ORAL ARGUMENT SENT |