State v. Morales

20030107 State of North Dakota, Plaintiff and Appellee
Paul Genaro Maldonado Morales, Defendant and Appellant

Appeal from: District Court, East Central Judicial District, Cass County
Judge Norman J. Backes
Nature of Action: Assault
Appellant: Monty Grant Mertz
Appellee: Lori Sue Mickelson , Asst. State's Attorney
Appellee: Trent William Mahler , Asst. State's Attorney
Term: 11/2003   Argument: 11/14/2003
ND cite: 2004 ND 10
NW cite: 673 N.W.2d 250

Listen to recording of oral argument in MP3 format

Issues: 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.

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Docket entries:
104/10/2003 NOTICE OF APPEAL: 04/07/2003
204/10/2003 ORDER FOR TRANSCRIPT: 04/07/2003
305/02/2003 RETENTION OF RECORD ON APPEAL: 07/06/2003
405/13/2003 Transcripts dated 7/25/02; 8/22/02; 9/19/02; 10/17/02 and 12/11/02
505/13/2003 DISK - TRA's dated 7/25/02; 8/22/02; 9/19/02; 10/17/02 and 12/11/02 (electronically transmitted)
605/28/2003 MOT. EXT/TIME TRANSCRIPT (Kelly A. Kroke)
705/28/2003 ACTION BY TRIAL COURT. Granted: 07/06/2003
806/25/2003 TRANSCRIPT DATED March 25, 2003
906/25/2003 RECORD ON APPEAL & Exhibits (Not rec'd: #4 & 17--Felony Scheduling Orders,SA copies;
1006/25/2003 12,15,18 & 21--Tapes; and #54--Steno Notes)
1106/26/2003 DISK - tra (3-25-03)
1207/17/2003 CLERK'S SUPPLEMENTAL CERTIFICATE OF APPEAL dtd. 7-15-03 (Nos. 67 & 68)
1307/29/2003 Supplemental Clerk's Certificate dated 7-28-03(Entry Nos. 70 & 71)(Not Rec'd:#69-Receipt from S.C.)
1408/01/2003 APPELLANT BRIEF
1608/01/2003 DISK - atb (e-mailed)
1709/02/2003 APPELLEE BRIEF
1809/03/2003 DISK - AEB
1911/14/2003 APPEARANCES: Monty G. Mertz; Trent W. Mahler
2011/14/2003 ARGUED: Mertz; Mahler (Vol. Y; Page 167)
2301/14/2004 UNANIMOUS OPINION: Kapsner, Carol Ronning
2401/15/2004 Judgment Mailed to Parties
2502/06/2004 MANDATE
2706/24/2010 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 06/22/2018