State v. Blue
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| 20050187 |
State of North Dakota, Plaintiff and Appellee
v.
James Alfred Blue, Defendant and Appellant
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| Appeal from: |
District Court,
Northwest Judicial District,
Ward County
Judge Douglas L. Mattson |
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Nature of Action: |
Sexual Offense
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| Counsel: |
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| Term: |
12/2005 Argument: 12/08/2005 9:30am
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| ND cite: |
2006 ND 134
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| NW cite: |
717 N.W.2d 558
Listen to recording of oral argument in MP3 format
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| Issues: |
Appellant's Statement of the Issues:
I. Did the district court err by not allowing the defendant the opportunity to confront his accuser at his trial?
II. Does rule 803(24)(ii) and 807 of the North Dakota Rules of Evidence violate the confrontation clause of the Sixth Amendment of the United States constitution in lieu of the holding set forth in Crawford v. Washington, 541 U.S. 36
Appellee's Statement of the Issues:
I. Whether the District Court Erred in Allowing the Victim's Video-taped Statement Rather Than Live Testimony.
II. Whether Rules 803(24)(b)(ii) and 807 of the North Dakota Rules of Evidence Violate the Confrontation Clause of the United States Constitution in Light of the Holding in Crawford v. Washington.
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| 1 | | 06/03/2005 | |
NOTICE OF APPEAL: 06/01/2005 |
| 2 | | 06/06/2005 | |
Copy of Order Appointing Counsel (Ryan D. Sandberg) |
| 3 | | 06/13/2005 | |
ORDER FOR TRANSCRIPT (Renee Hermanson): 06/08/2005 |
| 4 | | 06/13/2005 | |
RETENTION OF RECORD ON APPEAL: 07/28/2005 |
| 5 | | 07/27/2005 | |
TRANSCRIPT DATED February 24 & 25, 2005 |
| 6 | | 07/27/2005 | |
DISK - transcript |
| 7 | | 07/28/2005 | |
Certificate of Service of Copies of the Transcript |
| 8 | | 07/28/2005 | |
RECORD ON APPEAL with separates 35(State's Exhibit 1), 40 & 41(State's Exhibits) & 48(PSI) |
| 9 | | 09/01/2005 | |
MOT. EXT/TIME APPELLANT BRIEF |
| 10 | | 09/01/2005 | |
ACTION BY CLERK (MAT). Granted: 10/05/2005 |
| 11 | | 09/30/2005 | |
Transcript dated January 24, 2005 |
| 12 | | 10/01/2005 | |
Certificate of Service of Copies of January 24, 2005, transcript |
| 13 | | 10/01/2005 | |
DISK - January 24, 2005 transcript |
| 14 | | 10/03/2005 | |
APPELLANT BRIEF |
| 15 | | 10/03/2005 | |
APPELLANT APPENDIX |
| 16 | | 10/04/2005 | |
DISK - ATB |
| 17 | | 10/31/2005 | |
APPELLEE BRIEF |
| 18 | | 11/01/2005 | |
DISK - AEB |
| 19 | | 11/07/2005 | |
APPELLANT'S REPLY BRIEF |
| 20 | | 11/08/2005 | |
DISK - RYB |
| 21 | | 12/08/2005 | |
APPEARANCES: Ryan D. Sandberg; Kelly A. Dillon, Asst. State's Attorney |
| 22 | | 12/08/2005 | |
ARGUED: Sandberg; Dillon |
| 23 | | 12/08/2005 | |
ORAL ARGUMENT WEBCAST |
| 24 | | 06/29/2006 | |
DISPOSITION: REVERSED AND REMANDED |
| 25 | | 06/29/2006 | |
UNANIMOUS OPINION: Kapsner, Carol Ronning |
| 26 | | 06/29/2006 | |
(Concur in the Result): Maring, Mary Muehlen: CON/RES |
| 27 | | 07/03/2006 | |
Judgment Mailed to Parties |
| 28 | | 07/21/2006 | |
MANDATE |
| 29 | | 07/25/2006 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 30 | | 08/22/2006 | |
Corrected Opinion Page 6 |
| 31 | | 09/13/2006 | |
Corrected Opinion Page 6 |