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State v. Bearce

Docket No. 20230120
Oral Argument: Waived

Docket Info

Title
State of North Dakota, Plaintiff and Appellant
v.
Mark Edward Bearce, Defendant and Appellee
Case Type
CRIMINAL APPEAL : MISC. STATUTORY OFFENSE (FELONY)
Appeal From
Case No. 2021-CR-01466
Northwest Judicial District, Williams County
Benjamen James Johnson

Parties' Statement of Issues

  • Appellant

    I. Whether the District Court erred when granting a Rule 35(b) Motion for Reduction of Sentence 170 days after sentencing?
    II. Whether the District Court erred when granting a Rule 35(b) Motion for Reduction of Sentence without stating reasons for the reduction, in writing, as required by Rule 35 of the North Dakota Rules of Criminal Procedure?
    III. Whether the District Court committed obvious error by granting a Rule 35(b) Motion for Reduction of Sentence without providing notification to the victims and an opportunity to be heard in violation of their constitutional rights?

  • Appellee 1

    [¶ 1] Whether the District Court granted a Rule 35(b) Motion for Reduction of Sentence within the 120 day deadline allowed by Rule 35(b) of the North Dakota Rules of Criminal Procedure?
    [¶ 2] Whether the Court can reverse a District Court Order, granting a Rule 35(b) Motion for Reduction of Sentence, when the order does not state the reasons for the reduction, in writing, as required by Rule 35 of the North Dakota Rules of Criminal Procedure?
    [¶ 3] Whether the Plaintiff-Appellant can raise a claim of obvious error against the District Court when the Plaintiff-Appellant failed to give notification to the victim’s family about a Rule 3(b) Motion for Reduction of Sentence being filed in this matter and failed to request oral arguments or request an opportunity for the victim’s family to be heard?

Briefs

Filing Date Description
07/14/2023 APPELLANT BRIEF View
08/11/2023 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLANT ATT. GENERAL OFFICE Meredith Huseby Larson - 06206
APPELLEE PRIVATE PRACTICE Jeff L. Nehring - 05410

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

Seq. # Filing Date Description Attachment
1 05/03/2023 NOTICE OF APPEAL : 05/03/2023 View
2 05/03/2023 ORDER FOR TRANSCRIPT : 05/04/2023 View
3 05/04/2023 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV. View
4 05/04/2023 Notice Served on Meredith H. Larson & Jeff L. Nehring
5 05/25/2023 ELEC. RECORD ON APPEAL DATED MAY 24, 2023 (ENTRY NOS. 1-114, 116-153)(NOT SENT: 115) View
6 06/05/2023 All Transcripts Filed in Record
7 06/06/2023 1ST ELEC. SUPP. RECORD ON APPEAL DATED JUNE 5, 2023 (ENTRY NOS. 154-156) View
8 07/14/2023 APPELLANT BRIEF View
9 07/14/2023 Rec'd corrections to ATB
10 07/17/2023 Rec'd 3 copies of ATB from CSD
11 08/11/2023 APPELLEE BRIEF View
12 08/14/2023 ORAL ARGUMENT WAIVED - NO REQUESTS FOR ORAL ARGUMENT
13 08/14/2023 Rec'd 3 copies of AEB from CSD