State v. Barendt

20060370 State of North Dakota, Plaintiff and Appellee
v.
Andrea Barendt, Defendant and Appellant

Appeal from: District Court, Northeast Judicial District, Ramsey County
Judge Donovan John Foughty
Nature of Action: Misc. Statutory Offense (Felony)
Counsel:
Appellant: Jones Law Office
Appellee: Lonnie Olson , State's Attorney
Term: 09/2007   Argument: 09/11/2007  2:45pm
ND cite: 2007 ND 164
NW cite: 740 N.W.2d 87

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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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Docket entries:
112/15/2006 NOTICE OF APPEAL: 12/14/2006
212/15/2006 ORDER FOR TRANSCRIPT: 12/14/2006
312/19/2006 Court Recorder Lori Schlieve's Acknowledgment of OTR & request for advanced payment
401/05/2007 Reset due date for ATB; Transcript preparation suspended due to non payment
501/05/2007 Reset due date for ATB due to transcript preparation being suspended. Granted: 01/23/2007
601/10/2007 RECORD ON APPEAL, INCLUDING SEPARATE (ENTRY NO. 12).
701/17/2007 MOT. EXT/TIME APPELLANT BRIEF and Affidavit in Support(faxed)
801/17/2007 E-FILED MOTION (MAT) (faxed)
901/17/2007 ACTION BY CLERK (MAT). Granted: 02/22/2007
1001/18/2007 Clerk's Supplemental Certificate dated January 17, 2006 (Entry Nos. 51-55).
1102/02/2007 Supplemental Clerk's Certificate on Appeal dated February 1, 2007 (Entry Nos. 56-58).
1202/21/2007 MOT. EXT/TIME TRANSCRIPT (AT)
1302/21/2007 E-FILED MOTION FOR EXTENSION OF TIME TO FILE TRANSCRIPT (via facsimile)
1402/23/2007 ACTION BY CHIEF JUSTICE (MTR). Granted: 03/16/2007
1502/23/2007 Reset due date to 40 days after transcript is filed
1602/23/2007 ACTION BY CHIEF JUSTICE (MAT/40 days after transcript is filed). Granted
1703/08/2007 TRANSCRIPTS DATED NOVEMBER 13-15, 2006 & NOVEMBER 16, 2006
1803/08/2007 DISK-tra(November 13-15,2006 & November 16, 2006) electronic
1904/12/2007 MOT. EXT/TIME APPELLANT BRIEF & Affidavit/Support (faxed)
2004/12/2007 E-FILED MOTION (MAT)
2104/12/2007 ACTION BY CHIEF DEPUTY CLERK (MAT). Granted: 04/20/2007
2204/23/2007 APPELLANT BRIEF
2304/23/2007 E-FILED BRIEF (ATB)
2405/02/2007 Efiling Surcharge for Appellant's Brief received (receipt no. 17372)
2505/02/2007 APPELLANT APPENDIX
2605/08/2007 Received copies of ATB from Central Duplicating Services
2705/14/2007 MOT. EXT/TIME APPELLEE BRIEF
2805/15/2007 ACTION BY CHIEF JUSTICE (Appellee's extension of time). Granted: 06/22/2007
2906/14/2007 APPELLEE BRIEF
3006/14/2007 DISK - AEB
3109/11/2007 APPEARANCES: Ulysses S. Jones; Lonnie Olson
3209/11/2007 ARGUED: Jones; Olson
3309/11/2007 ORAL ARGUMENT WEBCAST
3410/16/2007 DISPOSITION: AFFIRMED
3510/16/2007 UNANIMOUS OPINION: Kapsner, Carol Ronning
3610/26/2007 Mot. Ext/Time Petition for Rehearing
3710/26/2007 E-FILED MOTION (MPR)
3810/26/2007 ACTION BY CLERK (MPR). Granted: 11/13/2007
3911/09/2007 Mot. Ext/Time Petition for Rehearing & Affidavit in Support (faxed)
4011/09/2007 E-FILED MOTION (MPR) faxed
4111/09/2007 ACTION BY CHIEF DEPUTY CLERK (MPR). Granted: 11/20/2007
4211/20/2007 Corrected Opinion Page 8 (paragraph 21, line 6)
4311/20/2007 PETITION FOR REHEARING (e-filed)
4411/20/2007 E-FILED BRIEF (PER)
4511/26/2007 Received copies of Petition for Rehearing from Central Duplicating
4611/29/2007 Received Certificate of Service of PER
4712/13/2007 ACTION BY SUPREME COURT (PER). Denied
4812/27/2007 MANDATE
4912/31/2007 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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