State v. Rogers
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| 20060300 |
State of North Dakota, Plaintiff and Appellee
v.
Joseph Rogers, Defendant and Appellant
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| Appeal from: |
District Court,
Northwest Judicial District,
Ward County
Judge Gary H. Lee |
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Nature of Action: |
Misc. Statutory Offense (Felony)
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| Counsel: |
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| Term: |
03/2007 Argument: 03/20/2007 01:30pm
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| ND cite: |
2007 ND 68
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| NW cite: |
730 N.W.2d 859
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| Issues: |
Appellant's Statement of the Issues:
I. Whether the District court erred when it denied Defendant's motion for a directed verdict on the grounds the evidence presented was legally insufficient to support a guilty verdict of a Class C felony violation of sexual assault in violation of
NDCC 12.1-20-07.
II. Whether the district court erred when it refused to allow a lesser included jury instruction regarding the criminal trespass charge.
Appellee's Statement of the Issues:
I. District Court did not err when it denied Defendant's motion for a directed verdict on the grounds the evidence was legally insufficient to support a guilty verdict of a Class C felony violation of sexual assault in violation of NDCC
12.1-20-07.
II. District Court did not err when it refused to allow a lesser included jury instruction regarding the criminal trespass charge.
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| 1 | | 10/27/2006 | |
NOTICE OF APPEAL: 10/25/2006 |
| 2 | | 10/27/2006 | |
ORDER FOR TRANSCRIPT: 10/25/2006 |
| 3 | | 10/27/2006 | |
ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning |
| 4 | | 10/27/2006 | |
RETENTION OF RECORD ON APPEAL: 12/14/2006 |
| 5 | | 12/13/2006 | |
TRANSCRIPT DATED June 22-23, 2006, & October 2, 2006 |
| 6 | | 12/14/2006 | |
DISK - tra (June 22-23, 2006, & October 2, 2006) |
| 7 | | 12/15/2006 | |
DSK - tra(May 4, 2006 PH hearing) ROA Entry No.36 |
| 8 | | 12/18/2006 | |
ROA w/Separates (Entry Nos. 36,38-44,51-54,69,70,& 75). Not rec'd w/ROA was Entry No. 81 (Error) |
| 9 | | 01/16/2007 | |
APPELLANT BRIEF (E-filed) |
| 10 | | 01/16/2007 | |
E-FILED BRIEF (ATB) |
| 11 | | 01/16/2007 | |
APPELLANT APPENDIX (e-filed) |
| 12 | | 01/18/2007 | |
Received 7 copies of ATB & 6 copies of ATA from Central Duplicating |
| 13 | | 01/29/2007 | |
Efiling surcharge of $25 for efiled ATB |
| 14 | | 02/01/2007 | |
APPELLEE BRIEF |
| 15 | | 02/02/2007 | |
DISK - aeb |
| 16 | | 02/21/2007 | |
SITTING WITH THE COURT: Leclerc, Lawrence A. |
| 17 | | 03/20/2007 | |
APPEARANCES: Thomas J. Gunderson; Rozanna C. Larson |
| 18 | | 03/20/2007 | |
ARGUED: Gunderson; Larson |
| 19 | | 03/20/2007 | |
ORAL ARGUMENT WEBCAST |
| 20 | | 05/08/2007 | |
DISPOSITION: AFFIRMED/PT, REVERSED/PT |
| 21 | | 05/08/2007 | |
UNANIMOUS OPINION: Maring, Mary Muehlen |
| 22 | | 05/08/2007 | |
Judgment Mailed to Parties - e-mailed |
| 23 | | 05/30/2007 | |
MANDATE |
| 24 | | 06/04/2007 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |