State v. Muhle

20060328 State of North Dakota, Plaintiff and Appellee
v.
Andrew Brice Muhle, Defendant and Appellant

Appeal from: District Court, East Central Judicial District, Cass County
Judge Steven E. McCullough
Nature of Action: Sexual Offense
Counsel:
Appellant: Monty Grant Mertz
Appellee: Mark Rainer Boening , Asst. State's Attorney
Term: 06/2007   Argument: 06/21/2007  9:30am
ND cite: 2007 ND 132
NW cite: 737 N.W.2d 647

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
I.Whether admission of the victims' out-of-court statements was an abuse of discretion, and violated of Mr. Muhle's constitutional right to confront his accusers?
II.Whether the State's failure to disclose a witness's pre-trial statement violated Mr. Muhle's right to a fair trial?
III.Whether the judgment should be reversed due to prosecutorial misconduct?
IV.Whether the evidence was insufficient to sustain the conviction of Count 1 as a AA Felony?

Appellee's Statement of the Issues:
1. Whether admission of the victims' out-of-court statements was an abuse of discretion, and violated Andrew Muhle's constitutional right to confront his accusers.
2. Whether the State's failure to disclose a witness' pre-trial statement violated Andrew Muhle's right to a fair trial.
3. Whether the judgment should be reversed due to prosecutorial misconduct.
4. Whether the evidence was sufficient to the sustain the conviction in Count One, an offense alleged to have occurred between 1 August 2005 and 31 August 2005.

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Docket entries:
111/16/2006 NOTICE OF APPEAL: 11/09/2006
211/16/2006 ORDER FOR TRANSCRIPT: 11/09/2006
312/20/2006 MOT. EXT/TIME TRANSCRIPT
412/20/2006 ACTION BY TRIAL COURT. Granted: 02/07/2007
512/20/2006 RETENTION OF RECORD ON APPEAL: 02/12/2007
612/20/2006 Transcript dated December 29, 2005
712/21/2006 DISK -tra(12/29/05)
801/26/2007 Transcript dated October 28, 2005
901/31/2007 DISK - tra (10-28-05) (e-mailed)
1002/05/2007 Transcripts dated February 22, 2006, April 21, 2006, & May 1, 2006
1102/05/2007 DISK - TRA of Feb 22, 06, Apr 21, 06 & May 1, 06 (E-mailed)
1202/07/2007 MOT. EXT/TIME TRANSCRIPT (e-filed)
1302/07/2007 E-FILED MOTION (MTR)
1402/07/2007 ACTION BY CLERK. Granted: 02/12/2007
1502/08/2007 RECORD ON APPEAL (2 Vol) w/Separates (Entry Nos. 36-39, 45,60 & 62)
1602/08/2007 Not rec'd w/ROA were Entry Nos. 11,13,50,51,61,64,65,67,75,76,81,84, & 90
1702/14/2007 TRANSCRIPTS DATED 5-5-06, 5-9-06, 5-10-06, 5-11-06, 5-12-06, & 5-15-06
1802/14/2007 Transcript of Sentencing dated 11-8-06
1902/15/2007 DISK - TRA (5/5/06,5/9/06,5/10/06,5-11-06, 5-12-06, 5-15-06, & 11/8/06) (e-mailed)
2002/15/2007 Letter from clerk's office dated 2-14-07 re: There is no entry #75 for ROA
2103/23/2007 MOT. EXT/TIME APPELLANT BRIEF (faxed letter from Monty Mertz dated 3-23-07)
2203/23/2007 E-FILED MOTION (MAT)
2303/23/2007 ACTION BY CLERK (MAT). Granted: 04/25/2007
2404/25/2007 APPELLANT BRIEF (e-filed)
2504/25/2007 E-FILED BRIEF (ATB)
2604/25/2007 APPELLANT APPENDIX (e-filed) PDF
2704/25/2007 E-FILED APPENDIX
2804/27/2007 Received $25 surcharge for ATB (Receipt #17366)
2904/30/2007 Received 7 copies of ATB from Central Duplicating.
3004/30/2007 Received 6 copies of ATA from Central Duplicating.
3105/25/2007 APPELLEE BRIEF (e-filed)
3205/25/2007 E-FILED BRIEF (AEB)
3305/31/2007 Received $25 surcharge for AEB (Receipt #17554)
3405/31/2007 Received 7 copies of AEB from Central Duplicating
3506/01/2007 Request for Radio/TV Coverage - Prairie Public Radio (approved)
3606/21/2007 APPEARANCES: Monty G. Mertz; Mark R. Boening
3706/21/2007 ARGUED: Mertz; Boening
3806/21/2007 ORAL ARGUMENT WEBCAST
3908/22/2007 DISPOSITION: AFFIRMED
4008/22/2007 UNANIMOUS OPINION: VandeWalle, Gerald W.
4108/22/2007 Judgment e-mailed to Parties
4209/13/2007 MANDATE
4309/17/2007 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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