Hill v. State

20000018 Eric Alan Hill, Petitioner and Appellee
v.
State of North Dakota, Respondent and Appellant

Appeal from: District Court, East Central Judicial District, Cass County
Judge Michael O. McGuire
Nature of Action: Post-Conviction Relief
Counsel:
Appellant: Mark Rainer Boening , Asst. State's Attorney
Appellee: Johnson Law Office P.C.
Term: 05/2000   Argument: 05/23/2000  2:45pm
ND cite: 2000 ND 143
NW cite: 615 N.W.2d 135


Issues: Appellant's Statement of the Issues:
Whether the trial court's communication with the jury in the absence of the defendant was harmless beyond a reasonable doubt.

Appellee's Statement of the Issues:
The Memorandum Opinion and Order issued by the Trial Court which granted Eric Hill a new trial based on the violation of his Constitutional rights did not have the effect of a final Order in that a new trial brings the issues before a new jury.
The Trial Court was correct in ordering a new trial for Petitioner due to the violation of his Constitutional rights which were found to be prejudicial beyond a reasonable doubt

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Docket entries:
101/20/2000 NOTICE OF APPEAL: 01/14/2000
201/24/2000 ORDER FOR TRANSCRIPT: 01/14/2000
302/07/2000 TRANSCRIPT DATED November 24, 1999
402/07/2000 DISK - TRA of 11-24-99
502/16/2000 RECORD ON APPEAL (not rec'd - entry 25/tape)
602/22/2000 Clerk's Supp. Cert. w/ROA in State v. Hill attached. Not rec'd-entries entries 1 (information),
702/22/2000 11 (steno notes), 15 (steno notes), 19 (tape), 24 (steno notes), 30 (tape),62 (Aff. of Serv),
802/22/2000 63 (steno notes), 71 (tape) and 74 (steno notes).
902/28/2000 CLERK'S SUPPLEMENTAL CERTIFICATE OF APPEAL DATED FEBRUARY 24, 2000 (Entry Nos 1 and 62)
1002/28/2000 for State v. Hill
1103/20/2000 APPELLANT BRIEF
1203/20/2000 APPELLANT APPENDIX
1303/21/2000 DISK - atb
1404/19/2000 APPELLEE BRIEF
1504/19/2000 APPELLEE APPENDIX
1604/20/2000 DISK - AEB
1705/23/2000 APPEARANCES: Mark R. Boening; Leslie Johnson Aldrich
1805/23/2000 ARGUED: Boening; Aldrich (Vol. X; page 34)
1907/20/2000 DISPOSITION: AFFIRMED
2007/20/2000 UNANIMOUS OPINION: Kapsner, Carol Ronning
2107/21/2000 Judgment Mailed to Parties
2207/28/2000 PETITION FOR REHEARING
2307/31/2000 DISK - PER
2408/16/2000 RULE 39 MOTION FOR COSTS; APPELLEE'S STATEMENT OF DISBURSEMENTS & COSTS; AFF. OF SHAWNA HILL
2508/18/2000 ACTION BY SUPREME COURT (PER). Denied
2608/18/2000 ACTION BY SUPREME COURT (MOT/Rule 39 costs). Denied
2708/29/2000 MANDATE
2809/01/2000 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
2905/02/2007 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 10/21/2014