State v. Miller

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
Counsel:
Appellant: Thomas John Kuchera
Appellee: Sonja Clapp , Asst. State's Attorney
Appellant: Lawyer not licensed in N.D.
Term: 04/2001   Argument: 04/17/2001  2:45pm
ND cite: 2001 ND 132
NW cite: 631 N.W.2d 587

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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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Docket entries:
112/11/2000 NOTICE OF APPEAL: 11/17/2000
212/11/2000 ORDER FOR TRANSCRIPT (Karen Aamodt): 11/17/2000
312/11/2000 RETENTION OF RECORD ON APPEAL: 01/06/2001
401/06/2001 TRANSCRIPT COMMENCING SEPTEMBER 26, 2000 (2 VOLUMES)
501/08/2001 RECORD ON APPEAL, Exhibits, original transcript dated 8-04-00
601/09/2001 DISK - tra (9/26/00 to 9/28/00)
701/11/2001 Clerk's Supplemental Certificate of ROA dated 1/10/2001 (entries 80, 81, 82)
801/19/2001 Letter from Thomas J. Kuchera dated 1-18-01 RE: Loretta J. Walberg is court appt counsel for Miller
902/15/2001 APPELLANT BRIEF
1002/15/2001 APPELLANT APPENDIX (Missing page 7)
1102/16/2001 DISK - ATB
1202/28/2001 8 copies of page 7 for appendix
1303/05/2001 MOTION FOR LEAVE TO APPEAR PRO HAC VICE & AFFIDAVIT OF LORETTA WALBERG
1403/05/2001 MOTION FOR THOMAS KUCHERA TO BE EXCUSED FROM APPEARING AT ORAL ARGUMENT WITH LORETTA WALBERG (LTR
1503/05/2001 FROM THOMAS JOHN KUCHERA DATED 3-2-01)
1603/06/2001 ACTION BY CHIEF JUSTICE (Mot/Leave to Appear Pro Hac Vice). Granted
1703/06/2001 ACTION BY CHIEF JUSTICE (Mot/Excuse Thomas Kuchera from appearing at oral argument with L. Walberg). Granted
1803/15/2001 APPELLEE BRIEF
1903/15/2001 APPELLEE APPENDIX
2003/15/2001 DISK - AEB (emailed)
2103/23/2001 Corrected TOA & pages 10, 13, 14, & 15 for AEB
2203/23/2001 DISK - AEB (Corrected) (Electronically submitted)
2304/17/2001 APPEARANCES: Loretta J. Walberg; Tory J. Langemo appearing under the rules governing the limited
2404/17/2001 practice of law by law students and Sonja Clapp
2504/17/2001 ARGUED: Walberg; Langemo (Vol. X; page 124)
2604/17/2001 ORAL ARGUMENT WEBCAST
2707/20/2001 DISPOSITION: AFFIRMED
2807/20/2001 UNANIMOUS OPINION: Kapsner, Carol Ronning
2907/23/2001 Order/Judgment Mailed to Parties
3008/13/2001 MANDATE
3108/17/2001 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
3207/16/2007 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 08/20/2014