State v. Hemmes
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| 20070010 |
State of North Dakota, Plaintiff and Appellee
v.
Jade Dean Hemmes, Defendant and Appellant
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| Appeal from: |
District Court,
Northeast Central Judicial District,
Grand Forks County
Judge Joel D. Medd |
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Nature of Action: |
Theft
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| Counsel: |
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| Term: |
09/2007 Argument: 09/10/2007 09:00am
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| ND cite: |
2007 ND 161
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| NW cite: |
740 N.W.2d 81
Listen to recording of oral argument
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| Issues: |
Appellant's Statement of the Issues:
1.Whether the District Court erred in allowing the State to admit into evidence a Memorandum that had not been provided to the Defendant for review during the normal course of discovery, despite Defendant's written request to the State for all
relevant discovery.
2.Whether the District Court erred in basing its finding of fact that the Defendant had violated his probation conditions based on a Memorandum when neither the author of the memorandum nor the recipient of the memorandum were available to
testify.
3.Whether the District Court erred in denying the Defendant's repeated requests for transcripts from his previous probation revocation hearings, despite the fact that the Court's Order was, in part, based upon information contained within those
transcripts.
Appellee's Statement of the Issues:
I.Whether the District Court's admission of a memorandum into evidence was proper?
II.Whether the District Court's determination that Defendant violated his probation conditions and revoking Defendant's probation was proper?
III.Whether the District Court erred in denying Defendant's requests for transcripts from previous probation revocation hearings?
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| 1 | | 01/12/2007 | |
NOTICE OF APPEAL: 01/11/2007 |
| 2 | | 01/12/2007 | |
ORDER FOR TRANSCRIPT: 01/11/2007 |
| 3 | | 01/12/2007 | |
This case is consolidated w/20070011. Make all entries except DIS & MAN in this case. |
| 4 | | 02/07/2007 | |
RETENTION OF RECORD ON APPEAL: 03/02/2007 |
| 5 | | 03/01/2007 | |
MOT. EXT/TIME APPELLANT BRIEF |
| 6 | | 03/01/2007 | |
E-FILED MOTION (MAT/be email) |
| 7 | | 03/01/2007 | |
MOT. EXT/TIME TRANSCRIPT (see Motion for Extension of Time for AT Brief) |
| 8 | | 03/07/2007 | |
ACTION BY CLERK (MAT/40 days from filing of transcript). Granted |
| 9 | | 03/07/2007 | |
ACTION BY CLERK (transcript). Granted: 03/16/2007 |
| 10 | | 03/16/2007 | |
TRANSCRIPT DATED 11/27/2006 |
| 11 | | 03/16/2007 | |
Cert. of Svc. of Transcripts dated 11/27/2006 |
| 12 | | 03/20/2007 | |
DISK-tra(11/27/06) |
| 13 | | 03/20/2007 | |
RECORD ON APPEAL including Separates (Entry Nos. 20 & 36). Not rec'd - Entry Nos.33-35,38,49 & 58 |
| 14 | | 04/25/2007 | |
APPELLANT BRIEF |
| 15 | | 04/25/2007 | |
APPELLANT APPENDIX |
| 16 | | 04/25/2007 | |
DISK - ATB (e-mailed) |
| 17 | | 05/09/2007 | |
Recd cys of trial court docket sheets for Appellant Appendix |
| 18 | | 05/25/2007 | |
APPELLEE BRIEF (e-filed) |
| 19 | | 05/25/2007 | |
E-FILED BRIEF (AEB) |
| 20 | | 05/29/2007 | |
Rec'd $25 surcharge for AEB (receipt #17397) |
| 21 | | 05/31/2007 | |
Received 7 copies of AEB from Central Duplicating. |
| 22 | | 06/11/2007 | |
Consent by Peter Welte for Derick Roller to appear on behalf of Grand Forks County State's Attorney |
| 23 | | 09/10/2007 | |
APPEARANCES: Darla J. Schuman; Derick Roller, third-year law student, and Peter D. Welte |
| 24 | | 09/10/2007 | |
ARGUED: Schuman; Roller, third-year law student |
| 25 | | 09/10/2007 | |
ORAL ARGUMENT WEBCAST |
| 26 | | 10/16/2007 | |
DISPOSITION: AFFIRMED |
| 27 | | 10/16/2007 | |
SPLIT OPINION: Crothers, Daniel John |
| 28 | | 10/16/2007 | |
CONCURRING IN THE RESULT: Kapsner, Carol Ronning: CONCUR |
| 29 | | 10/16/2007 | |
CONCUR/JOIN: Maring, Mary Muehlen: JN/CON |
| 30 | | 10/17/2007 | |
Judgment e-mailed to Parties |
| 31 | | 11/13/2007 | |
MANDATE |
| 32 | | 11/20/2007 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |