City of Fargo v. Komad
v.
Eldin Nino Komad, Defendant and Appellant
Judge Steven E. McCullough
| Appellant: | Leo Patrick O'Day Jr. | |
| Appellee: | Tristan Jones Van de Streek , City Prosecutor | |
| Appellant: | Aaland Law Office |
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1.Whether the district court deprived the Appellant of his right to confront his accusers under the Sixth and Fourteenth Amendments of the United States Constitution and Article I, Section 12 of the North Dakota Constitution by compelling defense counsel to proceed with trial when Appellant was not present.
2.Whether the district court deprived the Appellant of his right of due process under the Fifth and Fourteenth Amendments of the United States Constitution and Article I, Section 12 of the North Dakota Constitution by compelling defense counsel to proceed with trial when Appellant was not present.
3.Whether the district court deprived the Appellant of his right to be present at trial as stated in Rule 43 of the North Dakota Rules of Criminal Procedure by compelling defense counsel to proceed with trial when Appellant was not present.
Appellee's Statement of the Issues:
1. Whether-in the context of an appeal to the district court from a judgment of conviction in municipal court-the district court properly tried the defendant in absentia when:
a. the defendant was voluntarily absent from the district court trial;
b. the defendant had been present throughout the municipal court trial; and
c. the defendant's counsel elected to proceed with trial rather than to dismiss the appeal.
2. Whether it is an abuse of discretion for a district court judge to dismiss an appeal from municipal court of a defendant who is voluntarily absent at the district court trial.
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