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|
|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.)|
|14||08/01/2003 APPELLANT BRIEF|
|15||08/01/2003 APPELLANT APPENDIX|
|16||08/01/2003 DISK - atb (e-mailed)|
|17||09/02/2003 APPELLEE BRIEF|
|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|
|22||01/14/2004 DISPOSITION: AFFIRMED|
|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|