State v. Frankfurth
State of North Dakota, Plaintiff and Appellant
Paul R. Frankfurth, Defendant and Appellee
South Central Judicial District,
Judge Donald L. Jorgensen
|Nature of Action:||Sexual Offense|
|Term:||09/2005  Argument: 09/01/2005|
|ND cite:||2005 ND 167|
704 N.W.2d 564
Listen to recording of oral argument in MP3 format
Appellant's Statement of the Issues:|
I. The appeal is authorized by statute.
II. The Criminal Information sufficiently advised Frankfurth of the charges against him.
III. If the Criminal Information was defective, setting aside the jury verdict and dismissing the information was not the appropriate remedy.
A. Contrary to Frankfurth's assertions in the motion to arrest judgment, failure to charge a crime does not deprive the court of jurisdiction.
B. The trial court failed to distinguish between pre-trial and post-trial objections to a criminal information.
C. Cases that have required dismissal due to a missing element in the charging document are based on the Fifth Amendment's indictment clause, which does not apply in a state court criminal prosecution.
IV. Applying the four-prong test set forth in U.S. v. Cotton, dismissal of the Information was improper.
Appellee's Statement of the Issues:
I. STATEMENT OF THE ISSUES. I. Did the Trial Court err in arresting judgment in this action when the Information failed to charge one of the essential elements of the offense of gross sexual imposition?
|Add Docket 20050112 RSS|
|1||03/31/2005 NOTICE OF APPEAL: 03/24/2005|
|2||03/31/2005 ORDER FOR TRANSCRIPT: 03/24/2005|
|3||04/07/2005 TRANSCRIPT DATED 1-18-05|
|4||04/07/2005 DISK - TRA dated 1-18-05|
|5||04/21/2005 MOTION TO DISMISS (due by 4 p.m. on 5-2-05). RspDue: 05/02/2005|
|6||04/22/2005 RECORD ON APPEAL (Not Rec'd: #45--court reporter notes)|
|7||04/28/2005 Response to Motion to Dismiss|
|8||05/04/2005 ACTION BY SUPREME COURT (Motion to Dismiss). Denied|
|9||05/04/2005 Order Mailed to Parties|
|10||05/13/2005 MOT. EXT/TIME APPELLANT BRIEF|
|11||05/13/2005 ACTION BY CLERK (MAT). Granted: 05/27/2005|
|12||05/27/2005 APPELLANT BRIEF|
|13||05/27/2005 APPELLANT APPENDIX|
|14||06/01/2005 8 cc of noa for ata|
|15||06/28/2005 Corrected P. 1 (Statement of the Issues)for ATB|
|16||06/28/2005 DISK - atb (e-mailed)|
|17||06/28/2005 APPELLEE BRIEF|
|18||06/29/2005 DISK - AEB|
|19||09/01/2005 APPEARANCES: Cynthia M. Feland; Thomas M. Tuntland|
|20||09/01/2005 ARGUED: Feland; Tuntland|
|21||09/01/2005 ORAL ARGUMENT WEBCAST|
|22||09/27/2005 DISPOSITION: AFFIRMED|
|23||09/27/2005 SPLIT OPINION: Crothers, Daniel John|
|24||09/27/2005 (CONCURRING): Kapsner, Carol Ronning: CONCUR|
|25||09/27/2005 Judgment Mailed to Parties|
|27||10/27/2005 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|
|28||11/01/2012 EXPUNGED - Nonpermanent record items destroyed|