State v. Hidanovic

10:45am Thursday, November 1, 2007
20070130 State of North Dakota, Plaintiff and Appellee
v.
Mevludin Hidanovic, Defendant and Appellant
Appeal from: East Central Judicial District, Cass County, Judge Wade L. Webb
Nature of Action: Misc. Statutory Offense (Felony)
Counsel:

Appellant: Chapman Law Firm
Appellee: Mark Rainer Boening , Asst. State's Attorney

Issues: Appellant's Statement of the Issues:
I.Whether overt expressions of ethnic or racial bias by a juror constituted overt juror misconduct, and if it was misconduct whether that misconduct warranted a new trial?
II.Whether the trial court erred in not granting the defendant's motion for a new trial based on the newly presented testimony of Ashley Kron?
III.Whether there is sufficient evidence to support the conviction of the defendant for participating in a riot while armed?
IV.Whether there was prosecutorial misconduct justifying a new trial when the prosecutor continuously injected ethnicity into cross examination of a witness and at one point claimed that the term used to refer to gypsies, namely "zigeuner" in german was a "bad word"?
V.Whether the defendant's motion to suppress witness identification was improperly denied?
Appellee's Statement of the Issues:
1. Whether the trial court erred in not granting Mevludin Hidanovic a new trial on the grounds that jury misconduct during deliberations tainted the verdict with extraneous prejudicial information.
2. Whether the trial court abused its discretion in denying Mevludin Hidanovic's motion for new trial based on newly discovered evidence.
3. Whether the evidence presented at trial was sufficient to convict Mevludin Hidanovic of the charged offense.
4. Whether the trial court abused its discretion in denying Mevludin Hidanovic's motion for new trial based on prosecutorial misconduct.
5. Whether the multiple photograph identification procedure used by Detective Kulesa was unduly suggestive.
Briefs:
Case Summary
Appellant Brief
Appellee Brief
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Generated from Supreme Court Docket on 11/30/2007