State v. Streeper

20060162

State of North Dakota, Plaintiff and Appellee
v.
Mark Streeper, Defendant and Appellant

Appeal from:

District Court, South Central Judicial District, Burleigh County
Judge Bruce B. Haskell

Nature of Action:

Counsel:

Appellant:		Kent M. Morrow
Appellee:		Julie Ann Lawyer , Asst. State's Attorney
Appellee:		Cynthia Mae Feland , Asst. State's Attorney

Term:

11/2006 Argument: 11/13/2006 09:30am

ND cite:

2007 ND 25

NW cite:

727 N.W.2d 759

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Issues:

Appellant's Statement of the Issues:
1. Did the court err when it permitted the State to introduce evidence of recklessness by the defendant's failure to render aid to A.B.?
2. Did the trial court err in failing to instruct the jury on the lesser included offense of misdemeanor reckless endangerment?
3. Did the trial court err when it permitted detective Gaddis to testify as an expert in the analysis of digital photographs?
4. Did the court err when it refused to grant Streeper's Rule 29 Motion on the basis of the States' failure to establish a prima facie case of causation?
5. Did the court err when it permitted the use of certain photographs of the victim to be introduced for impeaching the defendant's credibility prior to his testimony?

Appellee's Statement of the Issues:
I. Whether the trial court erred by allowing the State to argue that failure of Mark Streeper to render aid after injecting A.B. with controlled substances was reckless as to the manslaughter charge.
II. Whether the trial court properly instructed the jury on the lesser-included offense of reckless endangerment.
III. Whether expert testimony was necessary to establish the date and time digital photographs were taken by Mark Streeper.
IV. Whether the trial court erred in receiving the digital photographs into evidence.
V. Whether there was sufficient evidence to sustain a verdict of guilty as to manslaughter.

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Docket entries:

1	06/02/2006	NOTICE OF APPEAL: 05/24/2006
2	06/02/2006	ORDER FOR TRANSCRIPT (Lisa Schmidt): 05/24/2006
3	06/07/2006	RETENTION OF RECORD ON APPEAL: 07/13/2006
4	06/27/2006	RECORD ON APPEAL including separate P.S.I. Not sent were Nos 16 and 65 (Court Reptr Notes & Tapes)
5	07/11/2006	TRANSCRIPTS DATED Feb. 27, Feb. 28, March 1, and May 5, 2006.
6	07/11/2006	DISK - TRA's Feb 27, 28, Mar 1 & May 5, 2006 (e-mailed)
7	07/31/2006	Faxed message from Kent Morrow w/attached copy of Notice of Appointment as counsel dated 5-26-06
8	08/17/2006	APPELLANT BRIEF
9	08/17/2006	APPELLANT APPENDIX
10	08/17/2006	DISK - ATB (e-mailed)
11	09/14/2006	MOT. EXT/TIME APPELLEE BRIEF (faxed)
12	09/14/2006	E-FILED MOTION (MAE)
13	09/14/2006	ACTION BY Chief Deputy CLERK. Granted: 09/29/2006
14	09/20/2006	Transcript of Prosecutor's Closing Arguments dated 3-1-06
15	09/20/2006	DISK - (e-mailed) (TRA of Prosecutor's Closing Arguments dated 3-1-06)
16	09/29/2006	APPELLEE BRIEF
17	09/29/2006	DISK - AEB (e-mailed)
18	11/13/2006	APPEARANCES: Kent M. Morrow; Cynthia M. Feland
19	11/13/2006	ARGUED: Morrow; Feland
20	11/13/2006	ORAL ARGUMENT WEBCAST
21	02/28/2007	DISPOSITION: AFFIRMED
22	02/28/2007	UNANIMOUS OPINION: Sandstrom, Dale V.
23	03/01/2007	Judgment Mailed to Parties
24	03/26/2007	MANDATE
25	04/19/2007	RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 11/06/2009