State v. Lemons
|
| 20030029 |
State of North Dakota, Plaintiff and Appellee
v.
Michael Ray Lemons, Defendant and Appellant
|
| Appeal from: |
District Court,
Southeast Judicial District,
Barnes County
Judge John T. Paulson |
|
Nature of Action: |
Assault
|
| Counsel: |
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| Term: |
10/2003 Argument: 10/22/2003 04:00pm
|
| ND cite: |
2004 ND 44
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| NW cite: |
675 N.W.2d 148
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| Issues: |
Appellant's Statement of the Issues:
1. The trial court's denial of a motion to allow telephonic testimony, or in the alternative, a motion for a continuance denied Lemons a fair trial.
2. The trial court's denial of Lemons' motion for a new trial was an abuse of discretion.
3. A review of the entire record reveals that insubstantial evidence exists to sustain the verdict of guilty.
Appellee's Statement of the Issues:
I. Whether the district court erred in denying the motion to allow telephonic testimony?
II. Whether the district court abused its discretion in denying the motion for a continuance?
III. Whether the district court abused its discretion in denying the motion for a new trial?
IV. Whether there was sufficient evidence to sustain the verdict?
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| 1 | | 01/27/2003 | |
NOTICE OF APPEAL: 01/24/2003 |
| 2 | | 01/27/2003 | |
ORDER FOR TRANSCRIPT (Gary McCullough): 01/24/2003 |
| 3 | | 02/03/2003 | |
RETENTION OF RECORD ON APPEAL (Gary N. McCullough): 03/15/2003 |
| 4 | | 03/07/2003 | |
MOT. EXT/TIME TRANSCRIPT |
| 5 | | 03/07/2003 | |
ACTION BY TRIAL COURT. Granted: 04/23/2003 |
| 6 | | 04/14/2003 | |
TRANSCRIPTS DATED October 3, 2002 |
| 7 | | 04/14/2003 | |
TRANSCRIPT DATED January 13, 2003 |
| 8 | | 04/15/2003 | |
DISK - TRA dated October 3, 2002 |
| 9 | | 04/15/2003 | |
DISK - TRA dated January 13, 2003 |
| 10 | | 04/15/2003 | |
RECORD ON APPEAL (with separates 33(exhibits), 37(charge to jury), 38(verdict), 65(pt.tra.)) |
| 11 | | 05/14/2003 | |
MOT. EXT/TIME APPELLANT BRIEF |
| 12 | | 05/14/2003 | |
ACTION BY CLERK. Granted: 06/23/2003 |
| 13 | | 06/19/2003 | |
APPELLANT BRIEF |
| 14 | | 06/19/2003 | |
APPELLANT APPENDIX |
| 15 | | 06/20/2003 | |
DISK - ATB |
| 16 | | 07/02/2003 | |
MOT. EXT/TIME APPELLEE BRIEF |
| 17 | | 07/02/2003 | |
ACTION BY CLERK. Granted: 08/20/2003 |
| 18 | | 08/15/2003 | |
APPELLEE BRIEF |
| 19 | | 08/18/2003 | |
DISK - aeb |
| 20 | | 10/07/2003 | |
MOTION TO WAIVE OA (AT/AE) - letters dated 10-06 from Ms. Delaney and Mr. Mackenzie |
| 21 | | 10/08/2003 | |
ACTION BY SUPREME COURT (OA waived - AT/AE). Granted |
| 22 | | 10/22/2003 | |
APPEARANCES: submitted on brief |
| 23 | | 10/22/2003 | |
ARGUED: submitted on brief (Vol. Y; Page 160) |
| 24 | | 12/08/2003 | |
Supplemental Clerk's Certificate dated 10-5-03 (Entry Nos. 69-72) |
| 25 | | 12/17/2003 | |
Supplemental Clerk's Certificate dated 12-15-03 (Entry Nos. 73 & 74) |
| 26 | | 02/25/2004 | |
DISPOSITION: AFFIRMED |
| 27 | | 02/25/2004 | |
UNANIMOUS OPINION: Neumann, William A. |
| 28 | | 02/26/2004 | |
Judgment Mailed to Parties |
| 29 | | 03/18/2004 | |
MANDATE |
| 30 | | 03/23/2004 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 31 | | 11/18/2009 | |
EXPUNGED - Nonpermanent record items destroyed |