State v. Miller
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| 20000337 |
State of North Dakota, Plaintiff and Appellee
v.
Daniel Linton Miller, Defendant and Appellant
|
| Appeal from: |
District Court,
Northeast Central Judicial District,
Grand Forks County
Judge Lawrence E. Jahnke |
|
Nature of Action: |
Sexual Offense
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| Counsel: |
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| Term: |
04/2001 Argument: 04/17/2001 02:45pm
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| ND cite: |
2001 ND 132
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| NW cite: |
631 N.W.2d 587
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| Issues: |
Appellant's Statement of the Issues:
I. Whether the court abused its discretion when it excluded exculpatory evidence of possible alternative perpetrators
II. Whether the defendant was denied his constitutional right to confront witnesses when a special procedure was used for the child-victim to testify with her back to the defendant without the court first making a determination on the record that
there was a need for the child to testify in this manner.
Appellee's Statement of the Issues:
I. Whether the trial court's exclusion of dream evidence and the suspected
abuse report was proper when the victim's dream did not contemplate
Miller and consisted of hearsay without any indicia of reliability
and the suspected abuse report lacked any probative value as it
was considered
II. Whether an accused's rights under the confrontation clause are
fully protected when the trialn the court permits a child witness
to face the jury while testifying
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| 1 | | 12/11/2000 | |
NOTICE OF APPEAL: 11/17/2000 |
| 2 | | 12/11/2000 | |
ORDER FOR TRANSCRIPT (Karen Aamodt): 11/17/2000 |
| 3 | | 12/11/2000 | |
RETENTION OF RECORD ON APPEAL: 01/06/2001 |
| 4 | | 01/06/2001 | |
TRANSCRIPT COMMENCING SEPTEMBER 26, 2000 (2 VOLUMES) |
| 5 | | 01/08/2001 | |
RECORD ON APPEAL, Exhibits, original transcript dated 8-04-00 |
| 6 | | 01/09/2001 | |
DISK - tra (9/26/00 to 9/28/00) |
| 7 | | 01/11/2001 | |
Clerk's Supplemental Certificate of ROA dated 1/10/2001 (entries 80, 81, 82) |
| 8 | | 01/19/2001 | |
Letter from Thomas J. Kuchera dated 1-18-01 RE: Loretta J. Walberg is court appt counsel for Miller |
| 9 | | 02/15/2001 | |
APPELLANT BRIEF |
| 10 | | 02/15/2001 | |
APPELLANT APPENDIX (Missing page 7) |
| 11 | | 02/16/2001 | |
DISK - ATB |
| 12 | | 02/28/2001 | |
8 copies of page 7 for appendix |
| 13 | | 03/05/2001 | |
MOTION FOR LEAVE TO APPEAR PRO HAC VICE & AFFIDAVIT OF LORETTA WALBERG |
| 14 | | 03/05/2001 | |
MOTION FOR THOMAS KUCHERA TO BE EXCUSED FROM APPEARING AT ORAL ARGUMENT WITH LORETTA WALBERG (LTR |
| 15 | | 03/05/2001 | |
FROM THOMAS JOHN KUCHERA DATED 3-2-01) |
| 16 | | 03/06/2001 | |
ACTION BY CHIEF JUSTICE (Mot/Leave to Appear Pro Hac Vice). Granted |
| 17 | | 03/06/2001 | |
ACTION BY CHIEF JUSTICE (Mot/Excuse Thomas Kuchera from appearing at oral argument with L. Walberg). Granted |
| 18 | | 03/15/2001 | |
APPELLEE BRIEF |
| 19 | | 03/15/2001 | |
APPELLEE APPENDIX |
| 20 | | 03/15/2001 | |
DISK - AEB (emailed) |
| 21 | | 03/23/2001 | |
Corrected TOA & pages 10, 13, 14, & 15 for AEB |
| 22 | | 03/23/2001 | |
DISK - AEB (Corrected) (Electronically submitted) |
| 23 | | 04/17/2001 | |
APPEARANCES: Loretta J. Walberg; Tory J. Langemo appearing under the rules governing the limited |
| 24 | | 04/17/2001 | |
practice of law by law students and Sonja Clapp |
| 25 | | 04/17/2001 | |
ARGUED: Walberg; Langemo (Vol. X; page 124) |
| 26 | | 04/17/2001 | |
ORAL ARGUMENT WEBCAST |
| 27 | | 07/20/2001 | |
DISPOSITION: AFFIRMED |
| 28 | | 07/20/2001 | |
UNANIMOUS OPINION: Kapsner, Carol Ronning |
| 29 | | 07/23/2001 | |
Order/Judgment Mailed to Parties |
| 30 | | 08/13/2001 | |
MANDATE |
| 31 | | 08/17/2001 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 32 | | 07/16/2007 | |
EXPUNGED - Nonpermanent record items destroyed |