State v. Kollie
Docket Info
- Title
- State of North Dakota, Plaintiff and Appellee
v.
Arthur Prince Kollie, Defendant and Appellant - Case Type
- CRIMINAL APPEAL : HOMICIDE
- Appeal From
-
Case No. 2021-CR-02504
East Central Judicial District, Cass County
John Charles Irby
Highlight
A sidebar addressing routine evidentiary or administrative matters during trial, even without an adequate record, is not a closure implicating the public trial right.
The plain language of the statute criminalizing murder provides alternative means of committing the offense. A jury is not required to unanimously agree upon which of the alternative means of committing murder it believes the State proved beyond a reasonable doubt.
For purposes of double jeopardy, criminal offenses are different if each offense contains an element not contained in the other offense.
Irrelevant evidence is not admissible.
Rights of a deceased victim may be exercised by family members and others as provided in N.D. Const. art. I, § 25(4). Section 25 does not provide for the court’s enforcement of a crime victim’s rights on behalf of a deceased victim absent the assertion by an individual listed under § 25(4).
An erroneous evidentiary ruling is disregarded as harmless error under N.D.R.Crim.P. 52(a) if it does not affect the defendant’s substantial rights.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
Seq. # | Filing Date | Description | Attachment |
---|---|---|---|
1 | 11/23/2022 | NOTICE OF APPEAL : 11/23/2022 | View |
2 | 11/25/2022 | ORDER FOR TRANSCRIPT : 11/25/2022 | View |
3 | 11/25/2022 | NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV. | View |
4 | 11/25/2022 | Notice Served on Eric P. Baumann & Katherine M. Naumann | |
5 | 11/29/2022 | Kiara C. Kraus-Parr appointed to represent Appellant | View |
6 | 12/22/2022 | ELEC. RECORD ON APPEAL DATED DECEMBER 20, 2022 (ENTRY NOS. 1-51, 53-180, 182-194, 196-199, 201-249 | View |
7 | 12/22/2022 | 251-253, 255-269, 271-277, 279-325; REC'D VIA US MAIL 181, 195, 200, 250, 254, 270, 278) | |
8 | 12/29/2022 | 1ST ELEC. SUPP. RECORD ON APPEAL DATED DECEMBER 27, 2022 (ENTRY NOS. 326-329) | View |
9 | 12/29/2022 | 2ND ELEC. SUPP. RECORD ON APPEAL DATED DECEMBER 28, 2022 (ENTRY NOS. 330-340) | View |
10 | 01/11/2023 | All Transcripts Filed in Record | |
11 | 01/11/2023 | 3RD ELEC. SUPP. RECORD ON APPEAL DATED JANUARY 10, 2023 (ENTRY NOS. 341-348) | View |
12 | 01/12/2023 | 4TH ELEC. SUPP. RECORD ON APPEAL DATED JANUARY 11, 2023 (ENTRY NOS. 349-361) | View |
13 | 02/22/2023 | APPELLANT BRIEF | View |
14 | 02/22/2023 | Oral Argument Request by Appellant | |
15 | 02/27/2023 | Rec'd 4 copies of ATB from CSD | |
16 | 03/21/2023 | NOTICE OF ORAL ARGUMENT SENT | |
17 | 03/24/2023 | APPELLEE BRIEF | View |
18 | 03/24/2023 | Oral Argument Request by Appellee | |
19 | 03/28/2023 | Rec'd corrections to AEB | |
20 | 03/29/2023 | Rec'd 4 copies of AEB from CSD | |
21 | 04/17/2023 | NOTICE OF RESCHEDULED ORAL ARGUMENT SENT | |
22 | 04/19/2023 | NOTICE OF ORAL ARGUMENT SENT (TIME) | |
23 | 04/24/2023 | APPEARANCES: Kiara C. Kraus-Parr/Ryan J. Younggren/Nicholas S. Samuelson | |
24 | 04/24/2023 | ARGUED: Kiara C. Kraus-Parr/Ryan J. Younggren | |
25 | 08/17/2023 | DISPOSITION | |
26 | 08/17/2023 | UNANIMOUS OPINION : Tufte, Jerod E. | View |
27 | 08/17/2023 | Judgment | View |
28 | 08/31/2023 | PETITION FOR REHEARING | View |
29 | 09/01/2023 | Rec'd 3 copies of PER from CSD | |
30 | 09/06/2023 | ACTION BY SUPREME COURT - Denied | View |
31 | 09/14/2023 | MANDATE | |
32 | 09/18/2023 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE | View |