State v. Noorlun

20040329 State of North Dakota, Plaintiff and Appellee
v.
Lyle J. Noorlun, Defendant and Appellant

Appeal from: District Court, East Central Judicial District, Cass County
Judge Norman J. Backes
Nature of Action: Misc. Statutory Offense (Felony)
Counsel:
Appellee: Birch Peterson Burdick , State's Attorney
Appellant: Chad Rory McCabe
Term: 09/2005   Argument: 08/30/2005  1:30pm
ND cite: 2005 ND 189
NW cite: 705 N.W.2d 819

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
I. The evidence was legally insufficient to sustain the convictions in that no rational factfinder could have found the essential element of jurisdiction beyond a reasonable doubt.
II. It was reversible error to admit letters into evidence over Noorlun's objection when there was no proof that letters purported to be Noorlun's were ever mailed, nor was there any direct proof that the letters were received by the person to whom they were addressed.
III. It was reversible error to deny Noorlun's request for a jury instruction fully informing the jury on the law of renewals on notes, and not to include the language, "[A] note is renewed when a new note evidencing the same obligation is executed and delivered by the maker to the holder of the old note."
IV. The evidence was legally insufficient to sustain the convictions in that no rational factfinder could have found the essential element of a promissory note beyond a reasonable doubt.
V. Six counts should be dismissed as a matter of law in that the preliminary examination occurred after the statute of limitations had run on those counts, and, as a matter of procedural law, the charging document, the Information, could not have been properly filed until after the preliminary examination.

Appellee's Statement of the Issues:
I.Whether the jury could rationally find that the jurisdictional element was met.
II.Whether the Court had sufficient foundation to admit certain letters into evidence, over objection, when the recipient of the letter was not available to testify to receiving the letters.
III.Whether the Court made reversible error in denying Noorlun's request for a jury instruction regarding renewal of notes.
IV.Whether the jury had sufficient evidence to find the presence of a security.
V.Whether six of the charges satisfied statute of limitations requirements when the criminal information was filed within the statute of limitations and no objection was made.

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Docket entries:
111/19/2004 NOTICE OF APPEAL: 11/18/2004
212/07/2004 ORDER FOR TRANSCRIPT: 12/03/2004
312/10/2004 Transcript dated September 24, 2004 (S. Randall)
412/10/2004 DISK - TRA of 9-24-04 (E-mailed)
512/15/2004 TRANSCRIPTS DATED 9-14-04 & 11-4-04 (2 vols.) (Kristen Erickson)
612/15/2004 DISK - TRA (9/14/04 & 11/4/04) (e-mailed)
712/21/2004 TRANSCRIPT DATED 3-25-04 & 9-16-04
812/22/2004 DISKs of TRAs dated 3-25-04 & 9-16-04
912/27/2004 Amended Certificate of Delivery of transcripts dated 3-25-04 and 9-16-04
1001/04/2005 Letter from Lyle Noorlun dated 12-31-04 RE: new court appointed counsel is Mark Beauchene
1101/05/2005 TRANSCRIPTS DATED November 16 & 17, 2004 (2 volumes)
1201/06/2005 DISK - TRA (11/16&17/04)
1301/17/2005 RECORD ON APPEAL (1 volume; docket entries 14, 57, 59, 70, 81, 85 and 111 not received.
1402/04/2005 MOT. EXT/TIME APPELLANT BRIEF
1502/04/2005 ACTION BY CHIEF JUSTICE. Granted: 04/15/2005
1602/04/2005 E-FILED MOTION (by fax)
1702/07/2005 Response to MAT, from Birch Burdick dtd 2-7-05 (Faxed)
1803/31/2005 MOT. EXT/TIME APPELLANT BRIEF (faxed)
1903/31/2005 E-FILED MOTION (Mot/Ext/ATB)
2003/31/2005 ACTION BY CHIEF JUSTICE. Granted: 05/15/2005
2103/31/2005 Response to MAT from Birch Burdick dated 3-31-05 (faxed)
2203/31/2005 SUPPLEMENTAL CLERK'S CERTIFICATE OF APPEAL (ENTRIES 146 thru 161)
2305/16/2005 MOT. EXT/TIME APPELLANT BRIEF
2405/16/2005 E-FILED MOTION (MAT)
2505/16/2005 ACTION BY CHIEF JUSTICE. Granted: 05/19/2005
2605/16/2005 Faxed letter dated May 16, 2005 from Birch Burdick - he has no objection to Motion for Ext of ATB
2705/19/2005 APPELLANT BRIEF
2805/19/2005 E-FILED BRIEF (ATB)
2905/19/2005 APPELLANT APPENDIX
3005/19/2005 E-FILED APPENDIX (ATA)
3105/24/2005 Payment of $25 fee for filing electronic ATB (Receipt #16183)
3205/25/2005 Copies of Appellant's Brief from Central Duplicating
3305/25/2005 Copies of Appellant's Appendix from Central Duplicating
3406/15/2005 MOT. EXT/TIME APPELLEE BRIEF (faxed)
3506/15/2005 E-FILED MOTION (MAE)
3606/15/2005 ACTION BY CLERK (MAE granted w/understanding OA will be heard in September). Granted: 07/01/2005
3707/01/2005 APPELLEE BRIEF
3807/01/2005 E-FILED BRIEF (AEB)
3907/07/2005 Payment of $25 surcharge for filing of electronic AEB (Receipt #16227)
4007/07/2005 Copies of AEB made
4107/15/2005 MOT. EXT/TIME REPLY BRIEF
4207/15/2005 E-FILED MOTION (MRY)
4307/15/2005 ACTION BY CLERK (MRY). Granted: 07/29/2005
4407/29/2005 REPLY BRIEF
4507/29/2005 E-FILED BRIEF (RYB)
4608/01/2005 Copies made of e-filed RYB
4708/30/2005 APPEARANCES: Chad R. McCabe; Birch P. Burdick
4808/30/2005 ARGUED: McCabe; Burdick
4908/30/2005 ORAL ARGUMENT WEBCAST
5011/09/2005 DISPOSITION: AFFIRMED
5111/09/2005 UNANIMOUS OPINION: VandeWalle, Gerald W.
5211/10/2005 Judgment Mailed to Parties
5311/23/2005 Mot. Ext/Time Petition for Rehearing (e-mail dated 11-23-05 frm Mr. Noorlun)
5411/23/2005 ACTION BY CLERK (MPR). Granted: 12/12/2005
5512/12/2005 PETITION FOR REHEARING
5612/12/2005 E-FILED BRIEF - PER
5712/20/2005 ACTION BY SUPREME COURT. Denied
5801/03/2006 MANDATE
5901/06/2006 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
6004/18/2006 Notice of Filing Petition for Writ of Certiorari to U.S. Supreme Court
6106/19/2006 Letter from U.S. Supreme Court, Denying Petition for Writ of Certiorari.
6205/14/2012 EXPUNGED - Nonpermanent record items destroyed

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