State v. Barendt
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| 20060370 |
State of North Dakota, Plaintiff and Appellee
v.
Andrea Barendt, Defendant and Appellant
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| Appeal from: |
District Court,
Northeast Judicial District,
Ramsey County
Judge Donovan John Foughty |
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Nature of Action: |
Misc. Statutory Offense (Felony)
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| Counsel: |
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| Term: |
09/2007 Argument: 09/11/2007 02:45pm
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| ND cite: |
2007 ND 164
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| NW cite: |
740 N.W.2d 87
Listen to recording of oral argument
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| Issues: |
Appellant's Statement of the Issues:
1. Whether the State of North Dakota proved beyond a reasonable doubt all of the elements of the offense of Misapplication of Entrusted Property so as to support a finding of guilt as to the Defendant, Andrea Barendt?
2. Whether the conviction in this matter is against the weight of the evidence so as to require that the conviction of Andrea Barendt be overturned?
Appellee's Statement of the Issues:
Is there sufficient evidence to support a conviction.
Petitioner's Statement of the Issues:
Issues in Petition for Rehearing:
1. Whether the Supreme Court should grant a rehearing in this matter based on the failure to rule on the issue of whether the Defendant's actions constituted embarking on a program of gifts which was specifically permitted by the Power of attorney.
If so, then reasonable doubt exists as to whether the State proved all of the elements of the offense of Misapplication of Entrusted Property.
2. Whether the Supreme Court should grant a rehearing based on the failure of the failure to rule on the issue of Ada Barendt's ratification of the Defendant's actions which would be a defense to the charge of Misapplication of Entrusted Property
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| 1 | | 12/15/2006 | |
NOTICE OF APPEAL: 12/14/2006 |
| 2 | | 12/15/2006 | |
ORDER FOR TRANSCRIPT: 12/14/2006 |
| 3 | | 12/19/2006 | |
Court Recorder Lori Schlieve's Acknowledgment of OTR & request for advanced payment |
| 4 | | 01/05/2007 | |
Reset due date for ATB; Transcript preparation suspended due to non payment |
| 5 | | 01/05/2007 | |
Reset due date for ATB due to transcript preparation being suspended. Granted: 01/23/2007 |
| 6 | | 01/10/2007 | |
RECORD ON APPEAL, INCLUDING SEPARATE (ENTRY NO. 12). |
| 7 | | 01/17/2007 | |
MOT. EXT/TIME APPELLANT BRIEF and Affidavit in Support(faxed) |
| 8 | | 01/17/2007 | |
E-FILED MOTION (MAT) (faxed) |
| 9 | | 01/17/2007 | |
ACTION BY CLERK (MAT). Granted: 02/22/2007 |
| 10 | | 01/18/2007 | |
Clerk's Supplemental Certificate dated January 17, 2006 (Entry Nos. 51-55). |
| 11 | | 02/02/2007 | |
Supplemental Clerk's Certificate on Appeal dated February 1, 2007 (Entry Nos. 56-58).
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| 12 | | 02/21/2007 | |
MOT. EXT/TIME TRANSCRIPT (AT) |
| 13 | | 02/21/2007 | |
E-FILED MOTION FOR EXTENSION OF TIME TO FILE TRANSCRIPT (via facsimile) |
| 14 | | 02/23/2007 | |
ACTION BY CHIEF JUSTICE (MTR). Granted: 03/16/2007 |
| 15 | | 02/23/2007 | |
Reset due date to 40 days after transcript is filed |
| 16 | | 02/23/2007 | |
ACTION BY CHIEF JUSTICE (MAT/40 days after transcript is filed). Granted |
| 17 | | 03/08/2007 | |
TRANSCRIPTS DATED NOVEMBER 13-15, 2006 & NOVEMBER 16, 2006 |
| 18 | | 03/08/2007 | |
DISK-tra(November 13-15,2006 & November 16, 2006) electronic |
| 19 | | 04/12/2007 | |
MOT. EXT/TIME APPELLANT BRIEF & Affidavit/Support (faxed) |
| 20 | | 04/12/2007 | |
E-FILED MOTION (MAT) |
| 21 | | 04/12/2007 | |
ACTION BY CHIEF DEPUTY CLERK (MAT). Granted: 04/20/2007 |
| 22 | | 04/23/2007 | |
APPELLANT BRIEF |
| 23 | | 04/23/2007 | |
E-FILED BRIEF (ATB) |
| 24 | | 05/02/2007 | |
Efiling Surcharge for Appellant's Brief received (receipt no. 17372) |
| 25 | | 05/02/2007 | |
APPELLANT APPENDIX |
| 26 | | 05/08/2007 | |
Received copies of ATB from Central Duplicating Services |
| 27 | | 05/14/2007 | |
MOT. EXT/TIME APPELLEE BRIEF |
| 28 | | 05/15/2007 | |
ACTION BY CHIEF JUSTICE (Appellee's extension of time). Granted: 06/22/2007 |
| 29 | | 06/14/2007 | |
APPELLEE BRIEF |
| 30 | | 06/14/2007 | |
DISK - AEB |
| 31 | | 09/11/2007 | |
APPEARANCES: Ulysses S. Jones; Lonnie Olson |
| 32 | | 09/11/2007 | |
ARGUED: Jones; Olson |
| 33 | | 09/11/2007 | |
ORAL ARGUMENT WEBCAST |
| 34 | | 10/16/2007 | |
DISPOSITION: AFFIRMED |
| 35 | | 10/16/2007 | |
UNANIMOUS OPINION: Kapsner, Carol Ronning |
| 36 | | 10/26/2007 | |
Mot. Ext/Time Petition for Rehearing |
| 37 | | 10/26/2007 | |
E-FILED MOTION (MPR) |
| 38 | | 10/26/2007 | |
ACTION BY CLERK (MPR). Granted: 11/13/2007 |
| 39 | | 11/09/2007 | |
Mot. Ext/Time Petition for Rehearing & Affidavit in Support (faxed) |
| 40 | | 11/09/2007 | |
E-FILED MOTION (MPR) faxed |
| 41 | | 11/09/2007 | |
ACTION BY CHIEF DEPUTY CLERK (MPR). Granted: 11/20/2007 |
| 42 | | 11/20/2007 | |
Corrected Opinion Page 8 (paragraph 21, line 6) |
| 43 | | 11/20/2007 | |
PETITION FOR REHEARING (e-filed) |
| 44 | | 11/20/2007 | |
E-FILED BRIEF (PER) |
| 45 | | 11/26/2007 | |
Received copies of Petition for Rehearing from Central Duplicating |
| 46 | | 11/29/2007 | |
Received Certificate of Service of PER |
| 47 | | 12/13/2007 | |
ACTION BY SUPREME COURT (PER). Denied |
| 48 | | 12/27/2007 | |
MANDATE |
| 49 | | 12/31/2007 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |