State v. Igou

20040093 State of North Dakota, Plaintiff and Appellee
v.
Orvin McKinley Igou III, Defendant and Appellant

Appeal from: District Court, South Central Judicial District, Burleigh County
Judge Benny A. Graff
Nature of Action: Sexual Offense
Counsel:
Appellant: Kent M. Morrow
Appellee: Cynthia Mae Feland , Asst. State's Attorney
Term: 10/2004   Argument: 10/05/2004  9:30am
ND cite: 2005 ND 16
NW cite: 691 N.W.2d 213

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
1. The evidence was insufficient to convict Igou of the charge of Gross Sexual Imposition.
2. The evidence was insufficient to convict Igou on the charge of Solicitation of Minor.
3. The evidence was insufficient to convict Igou on the charge of Failure to Register as Sex Offender.

Appellee's Statement of the Issues:
I. Was there sufficient evidence to sustain the jury verdicts?

Appellee's Statement of the Issues:
1.There was sufficient evidence to sustain the jury verdict of guilty of the charge of Gross Sexual Imposition.
2.There was sufficient evidence to sustain the jury verdict of guilty of the charge of Corruption or Solicitation of a Minor.
3.There was sufficient evidence to sustain the jury verdict of guilty of the charge of Failure to Register as a Sex Offender.
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Docket entries:
104/05/2004 NOTICE OF APPEAL: 03/30/2004
204/26/2004 ORDER FOR TRANSCRIPT: 04/12/2004
304/26/2004 Acknowledgement of order for appeal transcript
404/26/2004 RETENTION OF RECORD ON APPEAL: 06/01/2004
505/14/2004 Transcripts dated 12/18/03 and 12/19/03
605/14/2004 DISK - Transcripts dated 12/18/03 and 12/19/03
705/19/2004 RECORD ON APPEAL w/separates (37(exhibits), 45, 46, 59)
805/19/2004 (not rec'd-entries 43-44 (court reporter notes & tapes))
905/21/2004 TRANSCRIPT DATED March 30, 2004
1005/21/2004 DISK - TRA (3-30-04)
1106/30/2004 APPELLANT BRIEF
1206/30/2004 APPELLANT APPENDIX
1306/30/2004 DISK - ATB (e-mailed)
1407/09/2004 Certificate of Service for Copies of Transcript
1507/23/2004 MOT. EXT/TIME APPELLEE BRIEF
1607/23/2004 ACTION BY Chief Deputy CLERK. Granted: 08/27/2004
1707/29/2004 APPELLEE BRIEF
1808/04/2004 Corrected TOC & page 4 for AEB
1908/04/2004 DISK - AEB
2009/23/2004 MOTION TO WAIVE ORAL ARGUMENT ON BEHALF OF THE APPELLANT
2109/29/2004 ACTION BY SUPREME COURT (Motion to waive OA on behalf of AT). Denied
2209/30/2004 MOTION TO WAIVE ORAL ARGUMENT ON BEHALF OF APPELLEE
2309/30/2004 ACTION BY SUPREME COURT (Motion to waive OA on behalf of AE). Denied
2410/05/2004 APPEARANCES: Kent M. Morrow; Cynthia Mae Feland
2510/05/2004 ARGUED: Morrow; Feland (Vol. Z; Page 35)
2610/05/2004 ORAL ARGUMENT WEBCAST
2710/06/2004 ORDER OF REMAND (defendant Igou has 10 days to submit motion to dist. ct.; Surrogate Judge Graff is
2810/06/2004 authorized to hear Igou's mot.; Supreme Ct. retains jurisdiction under Rule 35(b), N.D.R.App.P.)
2910/06/2004 Order Mailed to Parties
3011/19/2004 MOTION FOR LEAVE TO FILE SUPPLEMENTAL BRIEF
3111/19/2004 E-FILED MOTION FOR LEAVE TO FILE SUPPLEMENTAL BRIEF
3211/22/2004 ACTION BY CHIEF JUSTICE. Granted: 12/06/2004
3311/23/2004 Objection to Motion to File Supplemental Brief
3411/26/2004 Refiled Record on Appeal after remand separates (27, 32, 37, 45, 46, 59, 64, 65, & 66) (Not rec'd:
3511/26/2004 Entry Nos. 43 & 44 (Court Reporter Notes) and 61 (receipt)
3612/06/2004 Supplemental AEB
3712/06/2004 Supplemental AEA
3812/06/2004 DISK of supplemental AEB (e-mailed)
3901/19/2005 DISPOSITION (and Remanded): AFFIRMED/PT, REVERSED/PT
4001/19/2005 UNANIMOUS OPINION: Maring, Mary Muehlen
4101/21/2005 Judgment Mailed to Parties
4202/14/2005 MANDATE
4303/02/2005 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
4406/13/2011 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 10/24/2014