City of Fargo v. Komad

20050452 City of Fargo, Plaintiff and Appellee
v.
Eldin Nino Komad, Defendant and Appellant

Appeal from: District Court, East Central Judicial District, Cass County
Judge Steven E. McCullough
Nature of Action: Theft
Counsel:
Appellant: Leo Patrick O'Day Jr.
Appellee: Tristan Jones Van de Streek , City Prosecutor
Appellant: Aaland Law Office
Term: 05/2006   Argument: 05/15/2006  1:30pm
ND cite: 2006 ND 177
NW cite: 720 N.W.2d 619

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Issues: Appellant's Statement of the Issues:
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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Docket entries:
112/28/2005 NOTICE OF APPEAL: 12/21/2005
212/28/2005 ORDER FOR TRANSCRIPT: 12/21/2005
301/12/2006 TRANSCRIPT DATED December 12, 2005
401/12/2006 DISK - TRA (e-mailed)
501/31/2006 RECORD ON APPEAL not sent was No. 11 (06CMJ110105)
602/21/2006 APPELLANT BRIEF (e-filed)
702/21/2006 E-FILED BRIEF (ATB)
802/21/2006 APPELLANT APPENDIX (e-filed)
902/21/2006 E-FILED APPENDIX (ATA)
1002/27/2006 Payment of $25 surcharge for electronic ATB (Receipt #16774)
1103/03/2006 Copies of ATB & ATA received from Central Duplicating
1203/22/2006 APPELLEE BRIEF
1303/23/2006 DISK - AEB
1404/08/2006 REPLY BRIEF of Appellant (e-filed)
1504/08/2006 E-FILED BRIEF (RYB)
1604/10/2006 Copies made of RYB
1705/15/2006 APPEARANCES: Jesse N. Lange; Tristan J. Van de Streek
1805/15/2006 ARGUED: Lange; Van de Streek
1905/15/2006 ORAL ARGUMENT WEBCAST
2008/16/2006 DISPOSITION: REVERSED AND REMANDED
2108/16/2006 SPLIT OPINION: VandeWalle, Gerald W.
2208/16/2006 (CONCUR SPECIALLY): Maring, Mary Muehlen: CONCUR
2308/16/2006 (DISSENT): Sandstrom, Dale V.: DISSENT
2408/16/2006 (JOIN DISSENT): Crothers, Daniel John: JN/DIS
2509/11/2006 MANDATE
2609/22/2006 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 04/23/2014