State v. Fehl-Haber

20060086 State of North Dakota, Plaintiff and Appellee
v.
Nathan Fehl-Haber, Defendant and Appellant

Appeal from: District Court, South Central Judicial District, Burleigh County
Judge Sonna M. Anderson
Nature of Action: Sexual Offense
Counsel:
Appellee: Lloyd Clayton Suhr , Asst. State's Attorney
Appellant: Kent M. Morrow
Appellee: Cynthia Mae Feland , Asst. State's Attorney
Term: 06/2007   Argument: 06/11/2007  2:45pm
ND cite: 2007 ND 99
NW cite: 734 N.W.2d 770

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
1. Did the trial court err when it refused to admit a sworn statement by L.H.?
2. Did the trial court err when, after being informed by the jury that they were deadlocked in their deliberations, it failed to call the jury into open court to address their questions?
3. Was the circumstantial evidence conclusive as to the defendant's guilt and did it fail to exclude every reasonable hypothesis of his innocence?

Appellant's Supplemental Brief Issues

1.DID THE TRIAL COURT COMMIT REVERSIBLE ERROR BY DENYING THE MOTION FOR NEW TRIAL?

Appellee's Statement of the Issues:
I. Whether the Trial Court's Refusal to Admit L.H.'s Undated Written Statement into Evidence Constituted an Abuse of Discretion?
II. Whether the Trial Court's Procedure for Addressing Jury Questions Constituted Reversible Error?
III. Whether the Evidence was Sufficient to Sustain the Conviction?

Appellee's Supplemental Brief Issues

1. Trial court did not error in denying defendant's motion for a new trial.

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Docket entries:
103/27/2006 NOTICE OF APPEAL: 03/23/2006
203/27/2006 ORDER FOR TRANSCRIPT: 03/23/2006
304/26/2006 RETENTION OF RECORD ON APPEAL: 06/28/2006
405/24/2006 MOT. EXT/TIME TRANSCRIPT
505/24/2006 ACTION BY TRIAL COURT. Granted: 06/28/2006
606/22/2006 TRANSCRIPTS DATED November 16, November 17 & November 18, 2005
706/22/2006 DISK - TRA's of November 16 & November 17, 2005
806/23/2006 RECORD ON APPEAL (includes separate entry nos. 40-43, 52, & 53) (not rec'd entry no.56-rptr notes)
906/30/2006 2 corrected covers for tra dtd 11-18-05
1006/29/2006 DISK of tra dtd 11-18-05
1107/03/2006 Supplemental Clerk's Certificate dated 6-30-06 (Entry Nos. 68 & 69)
1207/13/2006 REQ. EXT/TIME APPELLANT BRIEF (e-filed)
1307/13/2006 E-FILED MOTION (Req/Ext/ATB) (e-filed)
1407/13/2006 Amended Req. Ext/Time/ATB (e-filed)
1507/13/2006 ACTION BY CLERK (MAT). Granted: 08/30/2006
1608/23/2006 APPELLANT BRIEF
1708/23/2006 APPELLANT APPENDIX
1808/23/2006 DISK - ATB (e-mailed)
1909/20/2006 APPELLEE BRIEF
2009/20/2006 DISK - AEB
2111/13/2006 MOTION TO REMAND (E-FILED)
2211/13/2006 E-FILED MOTION (Mot/Remand)
2311/14/2006 Original and 7 cc of Motion to Remand
2411/16/2006 ACTION BY SUPREME COURT. Granted
2511/16/2006 ORDER OF REMAND
2611/16/2006 Order Mailed to Parties
2702/07/2007 Second Notice of Appeal (filed in trial court on 2-2-07)
2802/07/2007 ORDER FOR TRANSCRIPT of the 1-3-07 hearing: 02/02/2007
2903/28/2007 TRANSCRIPT DATED January 3, 2007
3003/28/2007 DISK of tra dated 1-3-07
3104/03/2007 Certificate of Service of Copies of Transcript from Dorothy A. Rolfstad
3204/02/2007 Refiled ROA and Separates 40, 41, 42, 43, 52, & 53 (Not Rec'd: 56, 71, & 83--Court Reporter Notes)
3304/24/2007 Appellant's Supplemental Brief
3404/24/2007 Appellant's Supplemental Appendix
3504/24/2007 DISK-Appellant's Supplemental Brief (electronic)
3605/14/2007 Appellee's Supplemental Brief
3705/14/2007 DISK - Appellee's Supplemental Brief (electronic)
3806/11/2007 APPEARANCES: Kent M. Morrow; Cynthia M. Feland
3906/11/2007 ARGUED: Morrow; Feland
4006/11/2007 ORAL ARGUMENT WEBCAST
4106/26/2007 DISPOSITION: AFFIRMED
4206/26/2007 UNANIMOUS OPINION: Kapsner, Carol Ronning
4306/28/2007 Judgment e-mailed to Parties
4406/29/2007 Corrected Opinion Page 10
4507/19/2007 MANDATE
4607/23/2007 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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