State v. Goebel
State of North Dakota, Plaintiff and Appellee
Brian Q. Goebel, Defendant and Appellant
Southeast Judicial District,
Judge Thomas J. Schneider
|Nature of Action:||Sexual Offense|
|Term:||10/2006  Argument: 10/09/2006 10:00am|
|ND cite:||2007 ND 4|
725 N.W.2d 578
Listen to recording of oral argument in MP3 format
Appellant's Statement of the Issues:|
Should the trial court have suppressed Goebel's incriminating statements?
Were the charges against Goebel barred by the statute of limitations?
Was the evidence sufficient to sustain the verdict?
Appellee's Statement of the Issues:
1.Should the trial court have suppressed Goebel's incriminating statements?
a.The evidence at the suppression hearing supports the District Court's finding that Brian Goebel did not request legal counsel when he was interviewed by Special Agent Dupree and Sheriff Peters.
b.Brian Goebel's confession to Special Agent Dupree and Sheriff Peters was voluntary, and was not the result of force or threats.
c.Law enforcement is not required to electronically record an entire interview or interrogation.
2.The charges against Goebel were not barred by the statute of limitations.
a. As to the offense perpetrated by Goebel against J.G., the statute of limitations has not run.
b.As to the offense perpetrated by Goebel against D.G., the statute of limitations has not run.
3.The evidence was sufficient to sustain the verdict.
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|1||05/12/2006||NOTICE OF APPEAL: 05/10/2006|
|2||05/12/2006||ORDER FOR TRANSCRIPT: 05/10/2006|
|3||05/15/2006||Acknowledgment of OTR & RETENTION OF RECORD ON APPEAL (Cynthia Kurtz): 06/29/2006|
|4||05/19/2006||Acknowledgment of OTR from Jane Gillig-Hoekstra|
|5||06/09/2006||Suspension of Preparation of Transcript (Cynthia Kurtz)|
|6||06/15/2006||TRANSCRIPT DATED JANUARY 10, 2006|
|7||06/15/2006||DISK - TRA of 01-10-06|
|8||06/16/2006||TRANSCRIPT DATED November 14, 2005|
|9||06/19/2006||DISK - tra (11-14-05)|
|10||06/19/2006||RECORD ON APPEAL (includes separate entry nos. 51, 58, 59, 60, & 74)|
|11||07/26/2006||MOT. EXT/TIME APPELLANT BRIEF & Affidavit in Support (faxed)|
|12||07/26/2006||E-FILED MOTION (MAT)|
|13||07/26/2006||ACTION BY Chief Deputy CLERK. Granted: 07/28/2006|
|14||07/29/2006||ATB extended to 7-29-06 as atb was not sent electronically until 7-29-06|
|15||07/29/2006||ACTION BY CLERK (extended as atb was not sent electronically until 7-29-06). Granted: 07/29/2006|
|16||07/29/2006||APPELLANT BRIEF (e-filed)|
|17||07/29/2006||E-FILED BRIEF (ATB)|
|18||07/29/2006||APPELLANT APPENDIX (e-mailed)|
|19||07/29/2006||E-FILED APPENDIX (ATA)|
|20||07/31/2006||Received $25 surcharge for ATB (Receipt #16934)|
|21||08/03/2006||Made seven copies of ATB & five copies of ATA|
|22||08/15/2006||Clerk's Supplemental Certificate of Record on Appeal dated August 14, 2006 (entries 75-78)|
|23||08/21/2006||Received surcharge for AEB|
|25||08/22/2006||E-FILED BRIEF (AEB)|
|26||08/23/2006||7 copies made of AEB|
|27||10/09/2006||APPEARANCES: Loren C. McCray; Terry W. Elhard|
|28||10/09/2006||ARGUED: McCray; Elhard|
|29||10/09/2006||ORAL ARGUMENT WEBCAST|
|31||01/11/2007||UNANIMOUS OPINION: VandeWalle, Gerald W.|
|32||01/12/2007||Judgment Mailed to Parties|
|34||02/06/2007||RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|
|35||10/06/2016||EXPUNGED - Nonpermanent record items destroyed|