State v. Martin

20000366 State of North Dakota, Plaintiff and Appellee
v.
Raymond Martin, Jr., Defendant and Appellant

Appeal from: District Court, South Central Judicial District, Burleigh County
Judge Benny A. Graff
Nature of Action: Sexual Offense
Counsel:
Appellant: Alan J. Sheppard
Appellee: Cynthia Mae Feland , Asst. State's Attorney
Term: 10/2001   Argument: 10/29/2001  9:30am
ND cite: 2001 ND 189
NW cite: 636 N.W.2d 447

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
1. Did the trial court err in denying Defendant's Rule 29 (a) Motion for Judgment of Acquittal?
2. Was the evidence sufficient to sustain the jury's conviction of continuous sexual abuse of a child?
3. Did the trial court err in failing to protect the Defendant against double jeopardy?
4. Did trial court err in not ruling that statute was void for vagueness?

Appellee's Statement of the Issues:
I. Did the trial court error in denying Defendant's Rule 29(a) Motion for Judgment of Acquittal?
II Was sufficient evidence presented to sustain the verdict for continuous sexual abuse of a child?
III Was Defendant entitled to avail himself of protections afforded by the double jeopardy clause for previous charges that were dismissed prior to trial?
IV Did the trial court error in failing to rule that N.D.C.C. Section 12.1- 20-03.1 was void for vagueness?

Add Docket 20000366 RSS Add Docket 20000366 RSS

Docket entries:
112/28/2000 NOTICE OF APPEAL: 12/26/2000
212/28/2000 ORDER FOR TRANSCRIPT: 12/26/2000
302/06/2001 RECORD ON APPEAL & Separates
402/14/2001 MOT. EXT/TIME TRANSCRIPT
502/14/2001 ACTION BY TRIAL COURT. Granted: 03/26/2001
602/14/2001 RETENTION OF RECORD ON APPEAL: 05/07/2001
702/14/2001 RETURN OF ROA TO DIST. CT.: 03/26/2001
804/03/2001 MOT. EXT/TIME TRANSCRIPT (Dorothy Rolfstad)
904/03/2001 ACTION BY CHIEF JUSTICE. Granted: 05/07/2001
1005/04/2001 TRANSCRIPT DATED October 3 & 4, 2000
1105/10/2001 Refiled ROA & Separates #60, 65, & 66
1205/16/2001 DISK - transcript e-mailed
1306/11/2001 MOT. EXT/TIME APPELLANT BRIEF & Affidavit in Support
1406/11/2001 ACTION BY CLERK. Granted: 07/13/2001
1507/13/2001 APPELLANT BRIEF
1607/13/2001 Addendum to Appellant Brief
1707/13/2001 APPELLANT APPENDIX
1807/16/2001 DISK - ATB
1907/16/2001 MOTION FOR REMAND. RspDue: 07/27/2001
2007/27/2001 Response Filed
2108/08/2001 ACTION BY SUPREME COURT. DENIED
2208/08/2001 Order Denying Motion to Remand Mailed to Parties
2308/13/2001 MOT. EXT/TIME APPELLEE BRIEF
2408/13/2001 ACTION BY CLERK. Granted: 08/29/2001
2508/24/2001 APPELLEE BRIEF
2608/24/2001 DISK - AEB
2709/12/2001 Corrected pages i, 5, 6, 7, 8, & 9 for AEB
2809/13/2001 DISK - AEB (e-mailed)
2910/29/2001 APPEARANCES: Alan J. Sheppard; Cynthia M. Feland
3010/29/2001 ARGUED: Sheppard; Feland (Vol. X; Page 170)
3110/29/2001 ORAL ARGUMENT WEBCAST
3212/05/2001 DISPOSITION: AFFIRMED
3312/05/2001 UNANIMOUS OPINION: VandeWalle, Gerald W.
3412/07/2001 Order/Judgment Mailed to Parties
3512/18/2001 PETITION FOR REHEARING
3601/14/2002 DISK - PER (Scanned)
3701/15/2002 ACTION BY SUPREME COURT (Petition). Denied
3801/23/2002 MANDATE
3902/01/2002 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
4007/17/2007 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 09/19/2014