State v. Frankfurth
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| 20050112 |
State of North Dakota, Plaintiff and Appellant
v.
Paul R. Frankfurth, Defendant and Appellee
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| Appeal from: |
District Court,
South Central Judicial District,
Burleigh County
Judge Donald L. Jorgensen |
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Nature of Action: |
Sexual Offense
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| Counsel: |
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| Term: |
09/2005 Argument: 09/01/2005 02:45pm
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| ND cite: |
2005 ND 167
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| NW cite: |
704 N.W.2d 564
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| Issues: |
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?
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| 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 |
| 26 | | 10/25/2005 | |
MANDATE |
| 27 | | 10/27/2005 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 28 | | 11/01/2012 | |
EXPUNGED - Nonpermanent record items destroyed |