State v. Austin
State of North Dakota, Plaintiff and Appellee
Shawn David Austin, Defendant and Appellant
South Central Judicial District,
Judge Donald L. Jorgensen
|Nature of Action:||Sexual Offense|
|Term:||12/2006  Argument: 12/18/2006|
|ND cite:||2007 ND 30|
727 N.W.2d 790
Listen to recording of oral argument in MP3 format
Appellant's Statement of the Issues:|
I. Did the trial judge err when he excluded the testimony of Appellant, Shawn Austin's psychological expert?
II. Did the trial judge err when he informed the jury, "That's all the transcripts and reading you'll receive"?
III. Did the trial judge err when he informed the jury, "There is no physical evidence; accordingly I don't want to waste your time or anyone else's if you are at an impasse"?
IV. Was there evidence and testimony sufficient to find Mr. Austin guilty of the criminal charge of gross sexual imposition?
POST CONVICTION ISSUE:
V. Was Mr. Austin's trial counsel ineffective, and with effective assistance of counsel, would the result of the trial been different?
Appellee's Statement of the Issues:
I. Did the trial court properly prohibit the defendant's psychological witness from testifying that the defendant only had an eleven percent (11%) chance of sexually molesting again?
II. Whether the trial court committed error when after the jury received all the requested testimony in their entirety they were told "that's all the transcripts and reading you'll receive"?
III. Whether the trial court committed error when it checked with the jury on the status of the deliberations?
IV. Whether sufficient evidence existed to support the jury's verdict of guilty?
V. Whether the defendant's trial attorney was constitutionally ineffective, and whether any issues relating to ineffectiveness would have made for a different result at trial?
|Add Docket 20060022 RSS|
|1||01/20/2006 NOTICE OF APPEAL: 01/18/2006|
|2||01/20/2006 ORDER FOR TRANSCRIPT: 01/18/2006|
|3||01/24/2006 Acknowledgement of Order for Transcripts|
|4||01/24/2006 RETENTION OF RECORD ON APPEAL: 03/09/2006|
|5||03/08/2006 TRANSCRIPTS DATED June 30, 2005, August 15, 2005, September 1, 2005, October 13-14, 2005,|
|6||03/08/2006 and December 28, 2005|
|7||03/08/2006 DISK - Disks of TRAs (6-30-05, 9-1-05, 10-13&14-05, 12-28-05)|
|8||03/10/2006 RECORD ON APPEAL, incl. Presentence Investigation, TRA dated 4-06-05), Not rec'd were:|
|9||03/10/2006 Clerk's Cert. Nos. 39 (State's Ex. 5-VCR Tape); 46 (State's Ex. 5-VCR Tape); 47 (Def. Ex. 4 & 6-|
|10||03/10/2006 2 CD Tapes); 48 (Def. ex. 2-Large Tagboard/pg. 23 of Preliminary Hearing)|
|11||04/07/2006 Corrected cover page & page 2 for the Transcript original dated 8-12-05 but now dated 8-15-05|
|12||04/07/2006 DISK - tra (8-15-05)|
|13||04/07/2006 Transcript dated 8-12-05|
|14||04/07/2006 DISK - tra (8-12-05)|
|15||04/11/2006 MOTION TO STAY APPEAL|
|16||04/11/2006 E-FILED MOTION|
|17||04/11/2006 ACTION BY CHIEF JUSTICE (Mot/Stay/Appeal). Granted|
|18||04/11/2006 STAY PENDING disposition of post-conviction relief proceedings|
|19||05/25/2006 Substitution of Counsel - Benjamin C. Pulkrabek replaced Todd Schwarz as counsel for AT|
|20||06/30/2006 Supplemental Clerk's Certificate dated 6-29-06 (Entry Nos. 68-76)|
|21||07/07/2006 MOT. EXT/TIME TRANSCRIPT - reset due to appeal in 20060194 re post-conviction relief. Granted: 08/25/2006|
|22||07/07/2006 ACTION BY CLERK (MTR). Granted: 08/25/2006|
|23||08/07/2006 TRANSCRIPT DATED May 30, 2006|
|24||08/08/2006 DISK - tra (5-30-06)|
|25||08/23/2006 Supplemental Clerk's Certificate dated 8-22-06 (Entry Nos. 80-85) (Not rec'd: Nos. 77-79)|
|26||09/13/2006 APPELLANT BRIEF|
|27||09/13/2006 APPELLANT APPENDIX|
|28||09/18/2006 Supplemental Clerk's Certificate dated 9-15-06 (Entry Nos. 77-79)|
|29||09/20/2006 DISK - ATB|
|30||10/12/2006 MOT. EXT/TIME APPELLEE BRIEF|
|31||10/12/2006 E-FILED MOTION (MAE)|
|32||10/13/2006 ACTION BY CLERK (MAE) (Granted w/understanding OA in December). Granted: 11/16/2006|
|33||11/16/2006 APPELLEE BRIEF|
|34||11/17/2006 DISK - AEB|
|35||12/18/2006 APPEARANCES: Benjamin C. Pulkrabek; Ladd R. Erickson|
|36||12/18/2006 ARGUED: Pulkrabek; Erickson|
|37||12/18/2006 ORAL ARGUMENT WEBCAST|
|38||02/28/2007 DISPOSITION: AFFIRMED|
|39||02/28/2007 UNANIMOUS OPINION: Sandstrom, Dale V.|
|40||03/01/2007 Judgment Mailed to Parties|
|41||03/12/2007 PETITION FOR REHEARING|
|42||03/12/2007 DISK - PER|
|43||03/22/2007 ACTION BY SUPREME COURT. Denied|
|45||04/04/2007 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|
|46||05/11/2016 EXPUNGED - Nonpermanent record items destroyed|