State v. Hernandez
State of North Dakota, Plaintiff and Appellee
Luis Ignacio Hernandez, Sr., Defendant and Appellant
East Central Judicial District,
Judge Georgia Dawson
|Nature of Action:||Sexual Offense|
|Term:||09/2005  Argument: 09/29/2005 9:05am|
|ND cite:||2005 ND 214|
707 N.W.2d 449
Listen to recording of oral argument in MP3 format
Appellant's Statement of the Issues:|
I. Trial errors involving alleged uncharged misconduct so infected the trial of the case that the accused was subjected to defending against ambiguous, unspecific allegations of prior sexual abuse of the alleged victim for seven years.
II. Fatal prejudice occurred when extraneous, unredacted material containing references to uncharged conduct contaminated jury deliberations.
III. The trial court erred by permitting a junk science expert to testify without properly exercising any gate keeping functions as required by Daubert and Kumho Tire decisions of the U.S. Supreme Court, which resulted in giving the prosecution an unfair and highly prejudicial advantage and denied the accused a fair trial.
IV. The trial court erred prejudicially when she permitted the state to present evidence that could not be tested or challenged because the evidence sample was destroyed before it could be analyzed by the defense as potentially exculpatory evidence.
V. Execution of the search warrant for bodily fluid and tissue samples from Hernandez was fatally defective.
Appellee's Statement of the Issues:
I. Whether Trial Court erred in its discretion in allowing limited prior sexual history of victim in response to Hernandez questions.
II. Whether it was error to allow the jury to see an unredacted version of a translated letter alleged to be written by Hernandez and describing events of the charged incident.
III. Whether admission of expert testimony of handwriting analysis violates the test in North Dakota .
IV. Whether destruction of evidence done by medical professionals without bad faith violates Hernandez's constitutional rights.
V. Whether a court order requiring a hospital to comply with a search warrant replaces the original warrant.
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|1||02/08/2005||NOTICE OF APPEAL: 02/04/2005|
|2||02/08/2005||ORDER FOR TRANSCRIPT: 02/04/2005|
|3||03/02/2005||RETENTION OF RECORD ON APPEAL: 03/26/2005|
|4||03/08/2005||MOTION FOR Financial Assistance to obtain trial transcript & attachments|
|5||03/10/2005||Affidavit of Service by Mail of Motion on State's Attorney|
|6||03/14/2005||Letter from Sandie Ehrmantraut dated 3-11-05 RE: Suspension of Transcript|
|7||03/16/2005||ACTION BY SUPREME COURT (Supervised--Mot. Financial Assistance returned to trial court. Granted|
|9||04/25/2005||RECORD ON APPEAL (3 Volumes) including separate No. 15 (Victim Impact Statement) and|
|10||04/25/2005||Transcripts dated Septamber 7, 2004 and November 5, 2004. Not forwarded w/the record were|
|11||04/25/2005||Nos. 17, 22, 26, 31, 114, 166, 229, 247 & 251 (Tapes) and 198, 199, 200 & 201 (State's Ex. 22-25|
|12||04/25/2005||Large Pictures of Hotel Room)|
|13||04/25/2005||Trial Court Order declaring defendant indigent (Clerk's Certificate of appeal #275) for purposes of|
|14||04/25/2005||preparation of the transcript at state expense.|
|15||04/26/2005||MOT. EXT/TIME TRANSCRIPT (Sua Sponte)|
|16||04/26/2005||ACTION BY CLERK (MTR - Sua Sponte) (50 days from 4-18-05, the date declared indigent). Granted: 06/07/2005|
|17||04/29/2005||TRANSCRIPT commencing November 2, 2004 (5 volumes--jury trial)|
|18||04/29/2005||DISK -- transcript (5 volumes) emailed|
|19||05/03/2005||Certificate of Service of copies of the record|
|20||06/06/2005||MOT. EXT/TIME APPELLANT BRIEF (faxed)|
|21||06/06/2005||E-FILED MOTION (MAT)|
|22||06/06/2005||ACTION BY CLERK. Granted: 06/22/2005|
|23||06/07/2005||State has no objection to Motion for Extension of Time to File the Appellant's Brief|
|24||06/07/2005||E-FILED Response to Motion|
|27||06/23/2005||DISK - ATB (CD)|
|28||07/20/2005||MOT. EXT/TIME APPELLEE BRIEF|
|29||07/20/2005||ACTION BY CLERK. Granted: 08/04/2005|
|30||07/20/2005||E-FILED MOTION (MAE/by fax)|
|31||07/21/2005||Supplement to MAE with correction of an error|
|32||07/21/2005||E-FILED supplement to MAE (by fax)|
|33||08/04/2005||APPELLEE BRIEF (e-filed)|
|34||08/04/2005||E-FILED BRIEF (AEB)|
|35||08/10/2005||Payment of $25 surcharge for electronic filing of AEB (Receipt #16250)|
|36||08/10/2005||Copies of AEB made|
|37||09/29/2005||APPEARANCES: Dennis D. Fisher; Birch P. Burdick, and Charles B. Neff, Jr., third-year law student|
|38||09/29/2005||ARGUED: Fisher; Burdick|
|40||12/20/2005||SPLIT OPINION: Sandstrom, Dale V.|
|41||12/20/2005||(CONCUR Specially): Crothers, Daniel John: CONCUR|
|42||12/21/2005||Judgment Mailed to Parties|
|44||01/25/2006||RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|
|45||09/10/2012||EXPUNGED - Nonpermanent record items destroyed|