State v. Muhle
State of North Dakota, Plaintiff and Appellee
Andrew Brice Muhle, Defendant and Appellant
East Central Judicial District,
Judge Steven E. McCullough
|Nature of Action:||Sexual Offense|
|Term:||06/2007  Argument: 06/21/2007 9:30am|
|ND cite:||2007 ND 132|
737 N.W.2d 647
Listen to recording of oral argument in MP3 format
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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|1||11/16/2006||NOTICE OF APPEAL: 11/09/2006|
|2||11/16/2006||ORDER FOR TRANSCRIPT: 11/09/2006|
|3||12/20/2006||MOT. EXT/TIME TRANSCRIPT|
|4||12/20/2006||ACTION BY TRIAL COURT. Granted: 02/07/2007|
|5||12/20/2006||RETENTION OF RECORD ON APPEAL: 02/12/2007|
|6||12/20/2006||Transcript dated December 29, 2005|
|8||01/26/2007||Transcript dated October 28, 2005|
|9||01/31/2007||DISK - tra (10-28-05) (e-mailed)|
|10||02/05/2007||Transcripts dated February 22, 2006, April 21, 2006, & May 1, 2006|
|11||02/05/2007||DISK - TRA of Feb 22, 06, Apr 21, 06 & May 1, 06 (E-mailed)|
|12||02/07/2007||MOT. EXT/TIME TRANSCRIPT (e-filed)|
|13||02/07/2007||E-FILED MOTION (MTR)|
|14||02/07/2007||ACTION BY CLERK. Granted: 02/12/2007|
|15||02/08/2007||RECORD ON APPEAL (2 Vol) w/Separates (Entry Nos. 36-39, 45,60 & 62)|
|16||02/08/2007||Not rec'd w/ROA were Entry Nos. 11,13,50,51,61,64,65,67,75,76,81,84, & 90|
|17||02/14/2007||TRANSCRIPTS DATED 5-5-06, 5-9-06, 5-10-06, 5-11-06, 5-12-06, & 5-15-06|
|18||02/14/2007||Transcript of Sentencing dated 11-8-06|
|19||02/15/2007||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)|
|20||02/15/2007||Letter from clerk's office dated 2-14-07 re: There is no entry #75 for ROA|
|21||03/23/2007||MOT. EXT/TIME APPELLANT BRIEF (faxed letter from Monty Mertz dated 3-23-07)|
|22||03/23/2007||E-FILED MOTION (MAT)|
|23||03/23/2007||ACTION BY CLERK (MAT). Granted: 04/25/2007|
|24||04/25/2007||APPELLANT BRIEF (e-filed)|
|25||04/25/2007||E-FILED BRIEF (ATB)|
|26||04/25/2007||APPELLANT APPENDIX (e-filed) PDF|
|28||04/27/2007||Received $25 surcharge for ATB (Receipt #17366)|
|29||04/30/2007||Received 7 copies of ATB from Central Duplicating.|
|30||04/30/2007||Received 6 copies of ATA from Central Duplicating.|
|31||05/25/2007||APPELLEE BRIEF (e-filed)|
|32||05/25/2007||E-FILED BRIEF (AEB)|
|33||05/31/2007||Received $25 surcharge for AEB (Receipt #17554)|
|34||05/31/2007||Received 7 copies of AEB from Central Duplicating|
|35||06/01/2007||Request for Radio/TV Coverage - Prairie Public Radio (approved)|
|36||06/21/2007||APPEARANCES: Monty G. Mertz; Mark R. Boening|
|37||06/21/2007||ARGUED: Mertz; Boening|
|38||06/21/2007||ORAL ARGUMENT WEBCAST|
|40||08/22/2007||UNANIMOUS OPINION: VandeWalle, Gerald W.|
|41||08/22/2007||Judgment e-mailed to Parties|
|43||09/17/2007||RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|