State v. Muhle

20060340 State of North Dakota, Plaintiff and Appellee
v.
Shannon Renee Muhle, Defendant and Appellant
Appeal from: District Court, East Central Judicial District, Cass County
Judge Steven E. McCullough
Nature of Action: Misc. Statutory Offense (Felony)
Counsel:
Appellant: Ross Wheeler Brandborg
Appellee: Mark Rainer Boening , Asst. State's Attorney
Term: 06/2007   Argument: 06/21/2007  10:45am
ND cite: 2007 ND 131
NW cite: 737 N.W.2d 636

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Issues: 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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Docket entries:
111/22/2006 NOTICE OF APPEAL: 11/17/2006
211/30/2006 Letter dated November 30, 2006, appointing Ross W. Brandborg as counsel for Appellant Shannon Muhle
312/21/2006 ORDER FOR TRANSCRIPT: 12/20/2006
401/02/2007 Copy of Order from Judge Rothe-Seeger dated 12-22-06 RE:Ordered transcripts of trial be prepared
502/08/2007 RECORD ON APPEAL w/Separate (Entry No. 57).Not rec'd-tapes/notes(Entry Nos. 18,24-26,64,91,& 96).
602/08/2007 Separates filed in 05-K-4135/20060328 (Entry Nos. 48-51, 66-73, 75,76,79,and 81-83)
702/08/2007 Not rec'd w/ROA were Exhibits Not offered or rec'd (Entry Nos. 63,74,77,78,80, and 86).
802/14/2007 TRANSCRIPTS DATED 5-5-06, 5-9-06, 5-10-06, 5-11-06, 5-12-06, & 5-15-06
902/14/2007 Transcript of Sentencing dated 11-8-06
1002/14/2007 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)
1103/15/2007 MOT. EXT/TIME APPELLANT BRIEF and Brief in Support with certificate of service
1203/15/2007 E-FILED MOTION for Extension of Time to File Appellant's Brief (by email)
1303/15/2007 ACTION BY CLERK (MAT). Granted: 04/25/2007
1404/25/2007 APPELLANT BRIEF (E-filed)
1504/25/2007 E-FILED BRIEF (ATB)
1604/25/2007 APPELLANT APPENDIX (E-filed)
1704/25/2007 E-FILED APPENDIX (ATA)
1804/27/2007 Received $25 surcharge for ATB (Receipt #17365)
1905/03/2007 Received 7 copies of ATB from Central Duplicating.
2005/03/2007 Received 6 copies of ATA from Central Duplicating.
2105/25/2007 APPELLEE BRIEF (e-filed)
2205/25/2007 E-FILED BRIEF (AEB)
2305/31/2007 Received $25 surcharge for aeb(Receipt #17554)
2405/31/2007 Received 7 copies of AEB from Central Duplicating
2506/01/2007 Request for Radio/TV Coverage - Prairie Public Radio (approved)
2606/08/2007 REPLY BRIEF
2706/08/2007 E-FILED BRIEF (RYB)
2806/08/2007 APPELLANT APPENDIX (Appendix to Appellant's Reply Brief)
2906/08/2007 E-FILED APPENDIX (Appendix to Appellant's Reply Brief)
3006/12/2007 Received 7 copies of RYB from Central Duplicating
3106/12/2007 Received 6 copies of Appendix to Reply Brief of Appellant from Central Duplicating
3206/21/2007 APPEARANCES: Ross W. Brandborg; Mark R. Boening
3306/21/2007 ARGUED: Brandborg; Boening
3406/21/2007 ORAL ARGUMENT WEBCAST
3508/22/2007 DISPOSITION: AFFIRMED
3608/22/2007 UNANIMOUS OPINION: Sandstrom, Dale V.
3708/23/2007 Order/Judgment Mailed to Parties
3809/13/2007 MANDATE
3909/17/2007 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 12/01/2008