State v. Charette

20040001 State of North Dakota, Plaintiff and Appellee
v.
Waylon L. Charette, Defendant and Appellant

Appeal from: District Court, South Central Judicial District, Burleigh County
Judge Thomas J. Schneider
Nature of Action: Homicide
Counsel:
Appellee: Cynthia Mae Feland , Asst. State's Attorney
Appellant: Douglas W. Nesheim
Appellant: Steven D. Mottinger
Term: 09/2004   Argument: 09/02/2004  1:30pm
ND cite: 2004 ND 187
NW cite: 687 N.W.2d 484

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
I. Whether there was insufficient evidence to support the verdict finding Defendant guilty of the burglary of the Diane Bate residence.
II. Whether there was insufficient evidence to support the verdicts finding Defendant guilty of the murder and sexual assault of Marian Swenning and the burglary of her home.
III. Whether the defendant should be granted a new trial because the trial court erred in refusing to allow the defendant to try on the pants found at the murder scene in order to demonstrate to the jury that the pants could not have been the ones he was wearing that day.
IV. Whether the defendant should be granted a new trial because the trial court erred in allowing the victim's granddaughter's testimony identifying her grandmother's possessions when the state failed to reveal the availability of the evidence in its responses to discovery requests.

Appellee's Statement of the Issues:
I. Was there sufficient evidence to sustain the jury verdict of guilty on the burglary of the Diane Bate residence or the Marian Swenning residence, and the gross sexual imposition and murder of Marian Swenning?
II. The trial court did not abuse it's discretion by refusing to allow the defendant to try on the tan pants located at the murder scene?
III. Did the trial court commit reversible error by allowing Marian Swenning's granddaughter to identify a coin purse at the murder scene?

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Docket entries:
101/02/2004 NOTICE OF APPEAL: 12/30/2003
201/02/2004 ORDER FOR TRANSCRIPT: 12/30/2003
301/05/2004 Request for Prepayment of transcripts & RETENTION OF RECORD ON APPEAL: 02/18/2004
401/26/2004 MOTION to Modify Order Denying Motion for Transcript at State Expense or, Alternatively, for Writ
501/26/2004 of Supervision & Affidavit in Support
601/29/2004 ACTION BY SUPREME COURT (supervise to the extent this matter is returned to the trial court for. Granted
701/29/2004 a determination of defendant's indigence.)
802/18/2004 MOT. EXT/TIME TRANSCRIPT
902/18/2004 ACTION BY TRIAL COURT. Granted: 03/18/2004
1003/16/2004 TRANSCRIPTS DATED 9-9-03, 9-10-03, 9-11-03, 9-12-03, 9-15-03, 9-16-03, 4-9-03, 9-4-03,
1103/16/2004 12-30-02, & two copies of 3-6-03 Transcript(10 vols) (NOTE: Original tra of 3-6-03 is part of ROA)
1203/16/2004 DISK - tra (8) (9-9-03, 9-10-03, 9-11-03, 9-12-03, 9-15-03, 9-16-03, 4-9-03, 9-4-03, &
1303/16/2004 12-30-02) (NOTE: the disk for the 3-6-03 transcript is a part of the ROA)
1403/22/2004 RECORD ON APPEAL including Transcripts dated Dec. 28, 2002, Dec. 29, 2002 (3), and Mar. 6, 2003
1503/22/2004 not rec'd were Nos. 190, 191 & 192 (Ct. Rptr. Notes). There were no attachments to No. 53 Order
1603/22/2004 Approving Payment of Fees With Attachments.
1703/22/2004 DISK - TRA of 03-06-2003 (W/Orig of TRA in Record)
1804/26/2004 MOT. EXT/TIME APPELLANT BRIEF
1904/26/2004 E-FILED MOTION (Faxed MAT)
2004/26/2004 ACTION BY CLERK. Granted: 04/30/2004
2104/27/2004 APPELLANT BRIEF
2204/27/2004 APPELLANT APPENDIX
2304/27/2004 DISK - ATB
2405/25/2004 MOT. EXT/TIME APPELLEE BRIEF
2505/25/2004 ACTION BY CLERK. Granted: 06/19/2004
2605/26/2004 Copies of Corrected Page 957 of Transcript dated Sept. 12, 2003, Vol. IV - inserted
2706/10/2004 APPELLEE BRIEF
2806/10/2004 APPELLEE APPENDIX
2906/10/2004 DISK - aeb
3008/30/2004 Request for Radio/TV Coverage (KXMB-TV & ND Public Radio) - e-mail from Jack McDonald dated 8-30-04
3108/30/2004 Coverage approved
3209/02/2004 APPEARANCES: Steven D. Mottinger, Douglas W. Nesheim; Cynthia M. Feland
3309/02/2004 ARGUED: Mottinger; Feland (Vol. Z; Page 15)
3409/02/2004 ORAL ARGUMENT WEBCAST
3510/12/2004 DISPOSITION: AFFIRMED
3610/12/2004 UNANIMOUS OPINION: VandeWalle, Gerald W.
3710/18/2004 Judgment Mailed to Parties
3811/03/2004 MANDATE
3911/08/2004 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
4005/24/2011 EXPUNGED - Nonpermanent record items destroyed

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