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State v. Schaf

Docket No. 20220323
Oral Argument: Monday, April 3, 2023 2:45 PM

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
2023 ND 81989 N.W.2d 473
Oral Argument 4/3/2023

Highlight

The district court decides the qualifications of the witness to express an opinion on a given topic. The decision whether to admit expert witness testimony rests within the court’s discretion.

For a lesser-included-offense instruction, there must be evidence on which a jury could rationally find beyond a reasonable doubt that the defendant is not guilty of the greater offense and to find beyond a reasonable doubt that the defendant is guilty of the lesser. It also must be impossible to commit the greater offense without committing the lesser.

While a sexual contact charge may be a lesser included offense contained within a sexual act charge, the subsections of both offenses must be compatible and the evidence must support an inclusion.

An alleged error with jury instructions will be reviewed for obvious error when the instructions were not objected to at trial and proposed instructions were not provided to the district court.

Voluntary intoxication is irrelevant to a crime of general intent.

Briefs

Filing Date Description
02/10/2023 APPELLANT BRIEF View
03/13/2023 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLANT PRIVATE PRACTICE Lloyd Clayton Suhr - 05405
APPELLEE ASST. STATE'S ATTORNEY David Lee Rappenecker - 09575
APPELLEE ASST. STATE'S ATTORNEY Dennis H. Ingold - 06950

(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 Appellee
16 03/14/2023 Rec'd 4 copies of AEB from CSD
17 03/21/2023 NOTICE OF ORAL ARGUMENT SENT
18 04/03/2023 APPEARANCES: Jackson J. Lofgren/David L. Rappenecker
19 04/03/2023 ARGUED: Jackson J. Lofgren/David L. Rappenecker
20 04/03/2023 ORAL ARGUMENT WEBCAST
21 04/24/2023 Lloyd C. Suhr assigned as counsel for the Appellant View
22 04/26/2023 DISPOSITION
23 04/26/2023 UNANIMOUS OPINION : Jensen, Jon J. View
24 04/26/2023 Judgment View
25 05/18/2023 MANDATE