State v. Goebel

20060147 State of North Dakota, Plaintiff and Appellee
v.
Brian Q. Goebel, Defendant and Appellant

Appeal from: District Court, South Central Judicial District, McIntosh County
Judge Thomas J. Schneider
Nature of Action: Sexual Offense
Counsel:
Appellant: Loren Cay McCray
Appellee: Terry W. Elhard , State's Attorney
Term: 10/2006   Argument: 10/09/2006  10:00am
ND cite: 2007 ND 4
NW cite: 725 N.W.2d 578

Listen to recording of oral argument in MP3 format

Issues: 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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Docket entries:
105/12/2006 NOTICE OF APPEAL: 05/10/2006
205/12/2006 ORDER FOR TRANSCRIPT: 05/10/2006
305/15/2006 Acknowledgment of OTR & RETENTION OF RECORD ON APPEAL (Cynthia Kurtz): 06/29/2006
405/19/2006 Acknowledgment of OTR from Jane Gillig-Hoekstra
506/09/2006 Suspension of Preparation of Transcript (Cynthia Kurtz)
606/15/2006 TRANSCRIPT DATED JANUARY 10, 2006
706/15/2006 DISK - TRA of 01-10-06
806/16/2006 TRANSCRIPT DATED November 14, 2005
906/19/2006 DISK - tra (11-14-05)
1006/19/2006 RECORD ON APPEAL (includes separate entry nos. 51, 58, 59, 60, & 74)
1107/26/2006 MOT. EXT/TIME APPELLANT BRIEF & Affidavit in Support (faxed)
1207/26/2006 E-FILED MOTION (MAT)
1307/26/2006 ACTION BY Chief Deputy CLERK. Granted: 07/28/2006
1407/29/2006 ATB extended to 7-29-06 as atb was not sent electronically until 7-29-06
1507/29/2006 ACTION BY CLERK (extended as atb was not sent electronically until 7-29-06). Granted: 07/29/2006
1607/29/2006 APPELLANT BRIEF (e-filed)
1707/29/2006 E-FILED BRIEF (ATB)
1807/29/2006 APPELLANT APPENDIX (e-mailed)
1907/29/2006 E-FILED APPENDIX (ATA)
2007/31/2006 Received $25 surcharge for ATB (Receipt #16934)
2108/03/2006 Made seven copies of ATB & five copies of ATA
2208/15/2006 Clerk's Supplemental Certificate of Record on Appeal dated August 14, 2006 (entries 75-78)
2308/21/2006 Received surcharge for AEB
2408/22/2006 APPELLEE BRIEF
2508/22/2006 E-FILED BRIEF (AEB)
2608/23/2006 7 copies made of AEB
2710/09/2006 APPEARANCES: Loren C. McCray; Terry W. Elhard
2810/09/2006 ARGUED: McCray; Elhard
2910/09/2006 ORAL ARGUMENT WEBCAST
3001/11/2007 DISPOSITION: AFFIRMED
3101/11/2007 UNANIMOUS OPINION: VandeWalle, Gerald W.
3201/12/2007 Judgment Mailed to Parties
3302/02/2007 MANDATE
3402/06/2007 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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