State v. Muhle
State of North Dakota, Plaintiff and Appellee
Shannon Renee Muhle, Defendant and Appellant
East Central Judicial District,
Judge Steven E. McCullough
|Nature of Action:||Misc. Statutory Offense (Felony)|
|Term:||06/2007  Argument: 06/21/2007|
|ND cite:||2007 ND 131|
737 N.W.2d 636
Listen to recording of oral argument in MP3 format
Appellant's Statement of the Issues:|
I.Whether the evidence presented at trial was insufficient to convict Shannon Muhle of the charges against her.
II.Whether the court erred by failing to remedy the prejudice caused by the previously undisclosed testimony of G.E. at trial.
III. Whether certain statements made by the State in closing arguments impermissibly prejudiced the defendant.
IV. Whether the trial court erred in admitting prior out of court statements into evidence.
Appellee's Statement of the Issues:
1. Whether the evidence presented at trial was sufficient to convict Shannon Muhle of the charged offenses.
2. Whether the court erred by failing to remedy the prejudice cause by the previously undisclosed testimony of G.E. at trial.
3. Whether certain statements made by the State in closing arguments impermissibly prejudiced the defendant.
4. Whether the trial court erred in admitting prior out of court statements into evidence.
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|1||11/22/2006 NOTICE OF APPEAL: 11/17/2006|
|2||11/30/2006 Letter dated November 30, 2006, appointing Ross W. Brandborg as counsel for Appellant Shannon Muhle|
|3||12/21/2006 ORDER FOR TRANSCRIPT: 12/20/2006|
|4||01/02/2007 Copy of Order from Judge Rothe-Seeger dated 12-22-06 RE:Ordered transcripts of trial be prepared|
|5||02/08/2007 RECORD ON APPEAL w/Separate (Entry No. 57).Not rec'd-tapes/notes(Entry Nos. 18,24-26,64,91,& 96).|
|6||02/08/2007 Separates filed in 05-K-4135/20060328 (Entry Nos. 48-51, 66-73, 75,76,79,and 81-83)|
|7||02/08/2007 Not rec'd w/ROA were Exhibits Not offered or rec'd (Entry Nos. 63,74,77,78,80, and 86).|
|8||02/14/2007 TRANSCRIPTS DATED 5-5-06, 5-9-06, 5-10-06, 5-11-06, 5-12-06, & 5-15-06|
|9||02/14/2007 Transcript of Sentencing dated 11-8-06|
|10||02/14/2007 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)|
|11||03/15/2007 MOT. EXT/TIME APPELLANT BRIEF and Brief in Support with certificate of service|
|12||03/15/2007 E-FILED MOTION for Extension of Time to File Appellant's Brief (by email)|
|13||03/15/2007 ACTION BY CLERK (MAT). Granted: 04/25/2007|
|14||04/25/2007 APPELLANT BRIEF (E-filed)|
|15||04/25/2007 E-FILED BRIEF (ATB)|
|16||04/25/2007 APPELLANT APPENDIX (E-filed)|
|17||04/25/2007 E-FILED APPENDIX (ATA)|
|18||04/27/2007 Received $25 surcharge for ATB (Receipt #17365)|
|19||05/03/2007 Received 7 copies of ATB from Central Duplicating.|
|20||05/03/2007 Received 6 copies of ATA from Central Duplicating.|
|21||05/25/2007 APPELLEE BRIEF (e-filed)|
|22||05/25/2007 E-FILED BRIEF (AEB)|
|23||05/31/2007 Received $25 surcharge for aeb(Receipt #17554)|
|24||05/31/2007 Received 7 copies of AEB from Central Duplicating|
|25||06/01/2007 Request for Radio/TV Coverage - Prairie Public Radio (approved)|
|26||06/08/2007 REPLY BRIEF|
|27||06/08/2007 E-FILED BRIEF (RYB)|
|28||06/08/2007 APPELLANT APPENDIX (Appendix to Appellant's Reply Brief)|
|29||06/08/2007 E-FILED APPENDIX (Appendix to Appellant's Reply Brief)|
|30||06/12/2007 Received 7 copies of RYB from Central Duplicating|
|31||06/12/2007 Received 6 copies of Appendix to Reply Brief of Appellant from Central Duplicating|
|32||06/21/2007 APPEARANCES: Ross W. Brandborg; Mark R. Boening|
|33||06/21/2007 ARGUED: Brandborg; Boening|
|34||06/21/2007 ORAL ARGUMENT WEBCAST|
|35||08/22/2007 DISPOSITION: AFFIRMED|
|36||08/22/2007 UNANIMOUS OPINION: Sandstrom, Dale V.|
|37||08/23/2007 Order/Judgment Mailed to Parties|
|39||09/17/2007 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|