State v. Lee

20030336 State of North Dakota, Plaintiff and Appellee
v.
Christopher Lee, Defendant and Appellant

Appeal from: District Court, Northeast Judicial District, Ramsey County
Judge Lee A. Christofferson
Nature of Action: Misc. Statutory Off. (Misdemeanor)
Counsel:
Appellant: Coral Joan Mahler
Appellee: Lonnie Olson , State's Attorney
Term: 09/2004   Argument: 09/03/2004  Waived
ND cite: 2004 ND 176
NW cite: 687 N.W.2d 237


Issues: Appellant's Statement of the Issues:
Did the trial court err in denying the motion to acquit when a 911 call was admitted into evidence as an excited utterance and the accuser, who made the call, did not appear to testify, thereby denying the defendant his right to confront his accuser as provided by the Sixth Amendment to the Constitution of the United States?

Appellee's Statement of the Issues:
The trial court properly denied the defendant's motion to acquit at the close of the state's case, citing that 911 call presented sufficient evidence by which the jury could potentially find the defendant guilty.

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Docket entries:
111/17/2003 NOTICE OF APPEAL: 11/13/2003
211/19/2003 ORDER FOR TRANSCRIPT: 11/18/2003
312/22/2003 RECORD ON APPEAL including exhibits
401/06/2004 SUPPLEMENTAL CLERK'S CERTIFICATE DATED 1-05-04 (Entry Nos. 35-37)
501/27/2004 MOT. EXT/TIME TRANSCRIPT (E-filed)
601/27/2004 E-FILED MOTION for Ext/Time/TRA
701/27/2004 ACTION BY CLERK. Granted: 03/18/2004
801/30/2004 SUPPLEMENTAL CLERK'S CERTIFICATE DATED 1-27-04 (Entry Nos. 38-39)
903/19/2004 MOT. EXT/TIME TRANSCRIPT
1003/19/2004 ACTION BY CHIEF JUSTICE (MTR). Granted: 04/12/2004
1104/08/2004 TRANSCRIPT DATED November 5, 2003
1204/14/2004 DISK - TRA (11-5-03)
1305/13/2004 APPELLANT BRIEF
1405/13/2004 APPELLANT APPENDIX
1505/14/2004 DISK - ATB
1605/14/2004 STIPULATION FOR SUBMISSION ON BRIEFS (and Motion for Submission on Brief)
1705/21/2004 Copies of Criminal Judgment & Commitment for ATA
1805/24/2004 MOT. EXT/TIME APPELLEE BRIEF
1905/24/2004 ACTION BY CLERK (MAE). Granted: 07/12/2004
2006/28/2004 APPELLEE BRIEF
2106/29/2004 DISK - aeb
2207/30/2004 ACTION BY SUPREME COURT (Stipulation for Submission on Briefs approved). Granted
2309/03/2004 APPEARANCES: submitted on brief under NDRAppP 34(f)
2409/03/2004 ARGUED: submitted on brief under NDRAppP 34(f) (Vol. Z; Page 17)
2509/15/2004 DISPOSITION: AFFIRMED
2609/15/2004 UNANIMOUS OPINION: Sandstrom, Dale V.
2709/15/2004 Judgment Mailed to Parties
2810/07/2004 MANDATE
2912/08/2004 Corrected Opinion Page 3
3010/12/2004 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
3105/18/2011 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 07/28/2014