State v. Stoppleworth
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| 20020345 |
State of North Dakota, Plaintiff and Appellee
v.
Milton Theodore Stoppleworth, Jr., Defendant and Appellant
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| Appeal from: |
District Court,
Southeast Judicial District,
Stutsman County
Judge James M. Bekken |
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Nature of Action: |
Assault
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| Counsel: |
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| Term: |
06/2003 Argument: 06/23/2003 09:30am
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| ND cite: |
2003 ND 137
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| NW cite: |
667 N.W.2d 586
Listen to recording of oral argument
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| Issues: |
Appellant's Statement of the Issues:
I. Stoppleworth has the right to appeal to the Supreme Court.
II. Standard of review for determining whether there was suffcient evidence to prove that Stoppleworth was criminally responsible for buchanan's injuries and for determining whether the trial court erred in denying Stoppleworth's motion for judgment
of acquittal.
III. Whether Allen Buchanan's out of court statements should have been allowed as evidence.
IV. Whether the probative value of the photographs was substantially outweighed by a danger of unfair prejudice.
V. The trial abused its discretion by denying Mr. Stoppleworth's Rule 29 Motion for acquittal.
Appellee's Statement of the Issues:
I. Whether Stoppleworth has the right to appeal
II. Whether admitting Buchanan's out of court statements was proper
A. 801(d)(1)(iii) statement of prior identification
B. 803(2) excited utterance
C. 803(3) existing mental, emotional, or physical condition
D. 803(4) statement for medical treatment
E. 803(6) business record exception
F. 804(b) statement against interest
III. Whether admitting the photographs was proper
IV. Whether convictions are based on sufficient evidence
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| 1 | | 12/17/2002 | |
NOTICE OF APPEAL: 12/11/2002 |
| 2 | | 12/17/2002 | |
ORDER FOR TRANSCRIPT: 12/11/2002 |
| 3 | | 12/17/2002 | |
Copy of Motion for funds to transcribe; Motion for assignment of counsel |
| 4 | | 12/17/2002 | |
Consolidated w/20020346; make all entries, except DIS and MAN in this case |
| 5 | | 12/24/2002 | |
Copy of letter dated 12-23-02 from Judge Bekken (TRA will be prepared) |
| 6 | | 01/06/2003 | |
MOT. EXT/TIME TRANSCRIPT (Peggy Larson) |
| 7 | | 01/06/2003 | |
ACTION BY TRIAL COURT. Granted: 03/11/2003 |
| 8 | | 01/13/2003 | |
RECORD ON APPEAL (w/exception of #37--SA Exh.1-Jacket & 43--SA Exh.10-Tape of 911 call) |
| 9 | | 01/13/2003 | |
(Record in 20020346 entered in that case as ROA code) |
| 10 | | 01/21/2003 | |
Copy of Judge Bekken's Order dated 1-17-03 appointing Lawrence P. Kropp as counsel for AT |
| 11 | | 03/18/2003 | |
TRANSCRIPTS DATED JUNE 17, 2002, SEPTEMBER 24 & 25, 2002 (2 VOL.), AND DECEMBER 2, 2002 |
| 12 | | 03/20/2003 | |
MOT. EXT/TIME TRANSCRIPT (Letter Form)(Peggy Larson) |
| 13 | | 03/20/2003 | |
ACTION BY CLERK (2nd MTR). Granted: 03/19/2003 |
| 14 | | 03/19/2003 | |
TRANSCRIPT DATED SEPTEMBER 6, 2002 |
| 15 | | 03/20/2003 | |
DISK - TRA'S 6-17-02, 9-24&25-02, 12-2-02 & 9-6-02 (2 disks) |
| 16 | | 04/28/2003 | |
APPELLANT BRIEF |
| 17 | | 04/28/2003 | |
APPELLANT APPENDIX |
| 18 | | 05/07/2003 | |
DISK - ATB |
| 19 | | 05/23/2003 | |
APPELLEE BRIEF |
| 20 | | 05/27/2003 | |
DISK - AEB |
| 21 | | 06/23/2003 | |
APPEARANCES: Thomas John Glass; Frederick R. "Fritz" Fremgen |
| 22 | | 06/23/2003 | |
ARGUED: Glass; Fremgen (Vol. Y; Page 127) |
| 23 | | 06/23/2003 | |
ORAL ARGUMENT WEBCAST |
| 24 | | 08/20/2003 | |
DISPOSITION: AFFIRMED |
| 25 | | 08/20/2003 | |
UNANIMOUS OPINION: VandeWalle, Gerald W. |
| 26 | | 08/22/2003 | |
Judgment Mailed to Parties |
| 27 | | 09/11/2003 | |
MANDATE |
| 28 | | 09/29/2003 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 29 | | 09/17/2008 | |
EXPUNGED - Nonpermanent record items destroyed |