State v. Johnson
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| 20010025 |
State of North Dakota, Plaintiff and Appellee
v.
Robert L. Johnson, Defendant and Appellant
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| Appeal from: |
District Court,
Southeast Judicial District,
Stutsman County
Judge John T. Paulson |
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Nature of Action: |
Assault
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| Counsel: |
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| Term: |
09/2001 Argument: 09/05/2001 01:30pm
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| ND cite: |
2001 ND 184
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| NW cite: |
636 N.W.2d 391
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| Issues: |
Appellant's Statement of the Issues:
I. JOHNSON LACKED CRIMINAL RESPONSIBILITY.
(A) Johnson lacked the substantial capacity to comprehend the harmful nature of his conduct.
(B) Johnson's conduct was the result of a loss or serious distortion of his capacity to recognize reality.
II. JOHNSON'S NINE-YEAR SENTENCE CONSTITUTES CRUEL
AND UNUSUAL PUNISHMENT.
(A) Johnson's mental illness and borderline mental retardation should have been given greater weight as mitigating factors.
(B) The concept of "multiplicity" should have been given greater weight in determining Johnson's sentence.
(C) The provocation under which Johnson acted should have been given greater weight as mitigating factor.
(D) Johnson's nine-year sentence was not proportional to his offenses.
Appellee's Statement of the Issues:
Whether Johnson lacked Criminal Responsibility.
Whether Johnson's nine-year sentence constitutes cruel and unusual punishment.
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| 1 | | 01/23/2001 | |
NOTICE OF APPEAL: 01/18/2001 |
| 2 | | 01/23/2001 | |
ORDER FOR TRANSCRIPT: 01/18/2001 |
| 3 | | 01/24/2001 | |
(This case is condolidated w/20010026 & 20010027. Make all docket entries, except disposition, |
| 4 | | 01/24/2001 | |
in this case.) |
| 5 | | 01/25/2001 | |
Acknowledgment of Order for Transcript from Gary N. McCullough |
| 6 | | 02/22/2001 | |
RETENTION OF RECORD ON APPEAL: 03/29/2001 |
| 7 | | 03/07/2001 | |
MOT. EXT/TIME TRANSCRIPT (Gary N. McCullough) |
| 8 | | 03/07/2001 | |
ACTION BY TRIAL COURT (Judge Paulson). Granted: 03/29/2001 |
| 9 | | 03/16/2001 | |
TRANSCRIPTS COMMENCING 11-01-00; 1-09-01 |
| 10 | | 03/19/2001 | |
DISK - Transcripts commencing 11-01-00 (TR1); 1-09-01 (TR2) |
| 11 | | 03/21/2001 | |
RECORD ON APPEAL |
| 12 | | 04/18/2001 | |
MOT. EXT/TIME APPELLANT BRIEF (Fax Copy) |
| 13 | | 04/18/2001 | |
ACTION BY CLERK. Granted: 05/10/2001 |
| 14 | | 04/19/2001 | |
Motion for Enlargement of Time for ATB (same as faxed copy) |
| 15 | | 05/10/2001 | |
APPELLANT BRIEF |
| 16 | | 05/10/2001 | |
APPELLANT APPENDIX |
| 17 | | 05/11/2001 | |
DISK - ATB |
| 18 | | 06/08/2001 | |
APPELLEE BRIEF |
| 19 | | 06/11/2001 | |
DISK - AEB |
| 20 | | 09/05/2001 | |
APPEARANCES: Eric P. Baumann; Leo A. Ryan |
| 21 | | 09/05/2001 | |
ARGUED: Baumann; Ryan (Vol X; P 150) |
| 22 | | 09/05/2001 | |
ORAL ARGUMENT WEBCAST |
| 23 | | 09/19/2001 | |
Order Mailed to Parties |
| 24 | | 10/09/2001 | |
Supplemental Appellant's Brief
Supplemental Appellant's Brief |
| 25 | | 10/09/2001 | |
Supplemental Appellee's Brief |
| 26 | | 10/10/2001 | |
DISK of Supplemental ATB |
| 27 | | 12/05/2001 | |
DISPOSITION: REVERSED AND REMANDED |
| 28 | | 12/05/2001 | |
UNANIMOUS OPINION: VandeWalle, Gerald W. |
| 29 | | 12/07/2001 | |
Order/Judgment Mailed to Parties |
| 30 | | 12/27/2001 | |
MANDATE |
| 31 | | 01/02/2002 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 32 | | 07/26/2007 | |
EXPUNGED - Nonpermanent record items destroyed |