State v. Charette
State of North Dakota, Plaintiff and Appellee
Waylon L. Charette, Defendant and Appellant
South Central Judicial District,
Judge Thomas J. Schneider
|Nature of Action:||Homicide|
|Term:||09/2004  Argument: 09/02/2004 1:30pm|
|ND cite:||2004 ND 187|
687 N.W.2d 484
Listen to recording of oral argument in MP3 format
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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|1||01/02/2004||NOTICE OF APPEAL: 12/30/2003|
|2||01/02/2004||ORDER FOR TRANSCRIPT: 12/30/2003|
|3||01/05/2004||Request for Prepayment of transcripts & RETENTION OF RECORD ON APPEAL: 02/18/2004|
|4||01/26/2004||MOTION to Modify Order Denying Motion for Transcript at State Expense or, Alternatively, for Writ|
|5||01/26/2004||of Supervision & Affidavit in Support|
|6||01/29/2004||ACTION BY SUPREME COURT (supervise to the extent this matter is returned to the trial court for. Granted|
|7||01/29/2004||a determination of defendant's indigence.)|
|8||02/18/2004||MOT. EXT/TIME TRANSCRIPT|
|9||02/18/2004||ACTION BY TRIAL COURT. Granted: 03/18/2004|
|10||03/16/2004||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,|
|11||03/16/2004||12-30-02, & two copies of 3-6-03 Transcript(10 vols) (NOTE: Original tra of 3-6-03 is part of ROA)|
|12||03/16/2004||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, &|
|13||03/16/2004||12-30-02) (NOTE: the disk for the 3-6-03 transcript is a part of the ROA)|
|14||03/22/2004||RECORD ON APPEAL including Transcripts dated Dec. 28, 2002, Dec. 29, 2002 (3), and Mar. 6, 2003|
|15||03/22/2004||not rec'd were Nos. 190, 191 & 192 (Ct. Rptr. Notes). There were no attachments to No. 53 Order|
|16||03/22/2004||Approving Payment of Fees With Attachments.|
|17||03/22/2004||DISK - TRA of 03-06-2003 (W/Orig of TRA in Record)|
|18||04/26/2004||MOT. EXT/TIME APPELLANT BRIEF|
|19||04/26/2004||E-FILED MOTION (Faxed MAT)|
|20||04/26/2004||ACTION BY CLERK. Granted: 04/30/2004|
|23||04/27/2004||DISK - ATB|
|24||05/25/2004||MOT. EXT/TIME APPELLEE BRIEF|
|25||05/25/2004||ACTION BY CLERK. Granted: 06/19/2004|
|26||05/26/2004||Copies of Corrected Page 957 of Transcript dated Sept. 12, 2003, Vol. IV - inserted|
|29||06/10/2004||DISK - aeb|
|30||08/30/2004||Request for Radio/TV Coverage (KXMB-TV & ND Public Radio) - e-mail from Jack McDonald dated 8-30-04|
|32||09/02/2004||APPEARANCES: Steven D. Mottinger, Douglas W. Nesheim; Cynthia M. Feland|
|33||09/02/2004||ARGUED: Mottinger; Feland (Vol. Z; Page 15)|
|34||09/02/2004||ORAL ARGUMENT WEBCAST|
|36||10/12/2004||UNANIMOUS OPINION: VandeWalle, Gerald W.|
|37||10/18/2004||Judgment Mailed to Parties|
|39||11/08/2004||RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|
|40||05/24/2011||EXPUNGED - Nonpermanent record items destroyed|