State v. Morales
State of North Dakota, Plaintiff and Appellee
Paul Genaro Maldonado Morales, Defendant and Appellant
East Central Judicial District,
Judge Norman J. Backes
|Nature of Action:||Assault|
|Term:||11/2003  Argument: 11/14/2003 10:45am|
|ND cite:||2004 ND 10|
673 N.W.2d 250
Listen to recording of oral argument in MP3 format
Appellant's Statement of the Issues:|
I. Whether The Trial Court Erred by Failing to Give a Jury Instruction on the Issue of Mr. Morales'es Legal Right to Enter the Premises as a Lessee of the Premises?
II. Whether The Trial Court Erred by Failing to Give an Instruction on a Lesser Included Offense?
III. Whether the Evidence was Insufficient to Sustain a Conviction of Simple Assault of a Peace Officer?
Appellee's Statement of the Issues:
I. Defendant was not entitled to a jury instruction on the issue of the legal right to enter the premises because the evidence presented was insufficient to raise the issue of his right to be present.
II. Defendant was not entitled to a jury instruction on a lesser-included offense because the defendant failed to show that there was evidence which created a reasonable doubt as to the greater offense.
III. Defendant's conviction for simple assault on a peace officer should be affirmed because ample evidence was presented in the trial of the appellant for a rational fact finder to find the defendant guilty beyond a reasonable doubt.
|Add Docket 20030107 RSS|
|1||04/10/2003||NOTICE OF APPEAL: 04/07/2003|
|2||04/10/2003||ORDER FOR TRANSCRIPT: 04/07/2003|
|3||05/02/2003||RETENTION OF RECORD ON APPEAL: 07/06/2003|
|4||05/13/2003||Transcripts dated 7/25/02; 8/22/02; 9/19/02; 10/17/02 and 12/11/02|
|5||05/13/2003||DISK - TRA's dated 7/25/02; 8/22/02; 9/19/02; 10/17/02 and 12/11/02 (electronically transmitted)|
|6||05/28/2003||MOT. EXT/TIME TRANSCRIPT (Kelly A. Kroke)|
|7||05/28/2003||ACTION BY TRIAL COURT. Granted: 07/06/2003|
|8||06/25/2003||TRANSCRIPT DATED March 25, 2003|
|9||06/25/2003||RECORD ON APPEAL & Exhibits (Not rec'd: #4 & 17--Felony Scheduling Orders,SA copies;|
|10||06/25/2003||12,15,18 & 21--Tapes; and #54--Steno Notes)|
|11||06/26/2003||DISK - tra (3-25-03)|
|12||07/17/2003||CLERK'S SUPPLEMENTAL CERTIFICATE OF APPEAL dtd. 7-15-03 (Nos. 67 & 68)|
|13||07/29/2003||Supplemental Clerk's Certificate dated 7-28-03(Entry Nos. 70 & 71)(Not Rec'd:#69-Receipt from S.C.)|
|16||08/01/2003||DISK - atb (e-mailed)|
|18||09/03/2003||DISK - AEB|
|19||11/14/2003||APPEARANCES: Monty G. Mertz; Trent W. Mahler|
|20||11/14/2003||ARGUED: Mertz; Mahler (Vol. Y; Page 167)|
|21||11/14/2003||ORAL ARGUMENT WEBCAST|
|23||01/14/2004||UNANIMOUS OPINION: Kapsner, Carol Ronning|
|24||01/15/2004||Judgment Mailed to Parties|
|26||02/10/2004||RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|
|27||06/24/2010||EXPUNGED - Nonpermanent record items destroyed|