State v. Tibor

20060274 State of North Dakota, Plaintiff and Appellee
v.
Art Tibor, Defendant and Appellant

Appeal from: District Court, Northwest Judicial District, Williams County
Judge William W. McLees
Nature of Action: Sexual Offense
Counsel:
Appellant: Kevin Joseph Chapman
Appellee: Nicole Ellan Foster , State's Attorney
Term: 06/2007   Argument: 06/18/2007  1:30pm
ND cite: 2007 ND 146
NW cite: 738 N.W.2d 492

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Issues: Appellant's Statement of the Issues:
1.Whether the Trial Court abused its discretion in allowing Paula Condol, a worker with the Dakota Children's Advocacy Center, to testify as an expert witness in this case, even though her testimony served to vouch for the credibility of the minor child, and even though she impermissibly testified that P.C. was sexually abused. ((Standard of Review: Abuse of Discretion. State of North Dakota v. Hernandez, Sr., 2005 ND 214, 707 NW2d 449, 460 (ND 2004)).
2. Whether the Trial Court abused its discretion when allowing cumulative and hearsay statements over the objections made by the Defendant. ((Standard of Review: Abuse of Discretion. State of North Dakota v. Hernandez, Sr., 2005 ND 214, 707 NW2d 449, 460 (ND 2004)).
3. Whether the evidence is sufficient to sustain the convictions of Counts IV and V. ((Standard of Review: The evidence, when viewed in a light most favorable to the verdict, permits no reasonable inference of guilt. State of North Dakota v. McClary, 2004 ND 98, 679 NW2d 455, 465 (ND 2004); and, a motion for new trial is committed to the sound discretion of the trial court and its judgment is conclusive unless we can say that, in denying the motion, such judgment was abused. State of North Dakota v. Kringstad, 353 NW2d 302, 307 (ND 1984))

Appellee's Statement of the Issues:
Whether the Trial Court abused its discretion in allowing Paula Condol, a worker with the Dakota Children's Advocacy Center, to testify as an expert witness in this case, even though her testimony served to vouch for the credibility of the minor child, and even though she impermissibly testified that P.C. was sexually abused.
Whether the Trial Court abused its discretion when allowing cumulative and hearsay statements over the objections made by the Defendant.
Whether the evidence is sufficient to sustain the convictions of Counts IV and V.

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Docket entries:
110/17/2006 NOTICE OF APPEAL: 09/01/2006
212/07/2006 Second NOA filed in the Trial Court on December 5, 2006
312/07/2006 ORDER FOR TRANSCRIPT: 12/05/2006
412/07/2006 RETENTION OF RECORD ON APPEAL: 03/05/2007
501/11/2007 Transcript dated 11-27-06
601/11/2007 DISK - tra (11-27-06) (e-mailed)
701/18/2007 MOT. EXT/TIME TRANSCRIPT
801/18/2007 ACTION BY TRIAL COURT. Granted: 03/05/2007
901/26/2007 DISK - TRA's of 7-14-06, 7-21-06, & 11-16-06
1001/26/2007 Transcripts dated 7-14-06, 7-21-06, & 11-16-06 (3 vols.)
1102/22/2007 TRANSCRIPT Commencing July 31, 2006 (3 vols.)
1202/27/2007 DISK - tra (commencing 7-31-06) (3 vols.) (e-mailed)
1303/02/2007 RECORD ON APPEAL (4 Vol.) w/Separates (Entry Nos. 33,110,111,115,118-126,128,129,163-169 & 189).
1403/16/2007 MOT. EXT/TIME APPELLANT BRIEF and Affidavit in Support
1503/16/2007 ACTION BY CLERK (MAT). Granted: 05/03/2007
1605/01/2007 APPELLANT BRIEF
1705/01/2007 APPELLANT APPENDIX
1805/02/2007 DISK - atb
1905/11/2007 First Supplemental Clerk's Certificate dated 5-7-07 (Entry Nos. 192-194)
2005/21/2007 Second Supplemental Clerk's Certificate dated 5-18-07 (Entry Nos. 195-198)
2105/24/2007 APPELLEE BRIEF (E-filed)
2205/24/2007 E-FILED BRIEF (AEB)
2306/01/2007 Received $25 surcharge for AEB (Receipt # 17560)
2406/04/2007 Received copies of AEB from Central Duplicating Services
2506/18/2007 APPEARANCES: Kevin J. Chapman; Nicole E. Foster
2606/18/2007 ARGUED: Chapman; Foster
2706/18/2007 ORAL ARGUMENT WEBCAST
2808/30/2007 DISPOSITION: AFFIRMED
2908/30/2007 UNANIMOUS OPINION: Kapsner, Carol Ronning
3008/30/2007 Order/Judgment Mailed to Parties
3109/24/2007 MANDATE
3211/15/2007 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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