State v. Wegley
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| 20070027 |
State of North Dakota, Plaintiff and Appellee
v.
James Eugene Wegley, Defendant and Appellant
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| Appeal from: |
District Court,
Northwest Judicial District,
Williams County
Judge Robert W. Holte |
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Nature of Action: |
Sexual Offense
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| Counsel: |
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| Term: |
09/2007 Argument: 09/12/2007 03:00pm
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| ND cite: |
2008 ND 4
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| NW cite: |
744 N.W.2d 284
Listen to recording of oral argument
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| Issues: |
Appellant's Statement of the Issues:
I. Whether the District Court erred in allowing hearsay testimony of the minor child's mother and the Social Worker without sufficient guarantees of trustworthiness and reliability.
II. Whether the District Court erred in it's denial of Defense Counsel Motion to exclude evidence of a previous conviction.
III. Whether the District Court erred in denying defense counsel's Motion to Dismiss the action based on insufficient evidence to prove the elements of the crime charged.
Appellee's Statement of the Issues:
1.Whether the District Court erred in allowing hearsay testimony of the minor child's mother and the Social Worker without sufficient guarantees of trustworthiness and reliability.
2.Whether the District Court erred in it's denial of Defense Counsel Motion to exclude evidence of a previous conviction.
3.Whether the District Court erred in denying defense counsel's Motion to Dismiss the action based on insufficient evidence to prove the elements of the crime charged.
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| 1 | | 01/22/2007 | |
NOTICE OF APPEAL: 01/12/2007 |
| 2 | | 02/05/2007 | |
Substitution of Counsel (Bonnie Storbakken replaced Josh Rustad) |
| 3 | | 02/14/2007 | |
MOT. EXT/TIME APPELLANT BRIEF |
| 4 | | 02/14/2007 | |
ACTION BY CLERK (30 days after the transcript is filed). Granted: 05/17/2007 |
| 5 | | 02/16/2007 | |
RECORD ON APPEAL with separates 43, 51, 53-65, 66, 71, 77, 80, and 88 |
| 6 | | 02/16/2007 | |
Not received with the record on appeal were entries 36-39 (not in file) |
| 7 | | 02/28/2007 | |
MOT. EXT/TIME TRANSCRIPT (Jean M. Lindvig) |
| 8 | | 02/28/2007 | |
ACTION BY TRIAL COURT (MTR). Granted: 04/25/2007 |
| 9 | | 03/22/2007 | |
Supplemental Clerk's Certificate dated 3-20-07 (Entry No. 101) |
| 10 | | 04/17/2007 | |
TRANSCRIPTS DATED December 29, 2006 and June 29 & 30, 2006 |
| 11 | | 04/17/2007 | |
DISK OF tras dtd 6-29 & 30-2006, and 12-29-06 (e-mailed) |
| 12 | | 04/18/2007 | |
Certificate of Mailing for transcripts |
| 13 | | 05/17/2007 | |
APPELLANT BRIEF |
| 14 | | 05/17/2007 | |
E-FILED BRIEF |
| 15 | | 05/17/2007 | |
APPELLANT APPENDIX |
| 16 | | 05/17/2007 | |
E-FILED APPENDIX |
| 17 | | 05/22/2007 | |
Received efiling surcharge of $25; receipt no. 17392 |
| 18 | | 05/25/2007 | |
Rec'd 7 copies of ATB from Central Duplicating |
| 19 | | 06/05/2007 | |
Recieved copies of NOA and Table of Contents for ATA |
| 20 | | 06/06/2007 | |
received 6 copies of ATA from Central Duplicating Services |
| 21 | | 06/06/2007 | |
APPELLEE BRIEF (e-filed) |
| 22 | | 06/06/2007 | |
E-FILED BRIEF (AEB) |
| 23 | | 06/14/2007 | |
Received $25 surcharge for AEB (Receipt #17580) |
| 24 | | 06/18/2007 | |
MOT. EXT/TIME REPLY BRIEF (faxed) |
| 25 | | 06/18/2007 | |
E-FILED MOTION (faxed MRY) |
| 26 | | 06/18/2007 | |
ACTION BY CLERK. Granted: 07/02/2007 |
| 27 | | 06/18/2007 | |
Received 7 copies of AEB from Central Duplicating. |
| 28 | | 07/05/2007 | |
MOT. EXT/TIME REPLY BRIEF (e-mailed letter from Bonnie Storbakken) |
| 29 | | 07/05/2007 | |
ACTION BY CLERK (MRY). Granted: 07/05/2007 |
| 30 | | 07/05/2007 | |
REPLY BRIEF of appellant (E-filed) |
| 31 | | 07/05/2007 | |
E-FILED BRIEF (RYB) |
| 32 | | 07/17/2007 | |
Received copies of RYB from Central Duplicating Services |
| 33 | | 09/12/2007 | |
APPEARANCES: Bonnie L. Storbakken; Nicole E. Foster |
| 34 | | 09/12/2007 | |
ARGUED: Storbakken; Foster |
| 35 | | 09/12/2007 | |
ORAL ARGUMENT WEBCAST |
| 36 | | 01/17/2008 | |
DISPOSITION: AFFIRMED |
| 37 | | 01/17/2008 | |
UNANIMOUS OPINION: Kapsner, Carol Ronning |
| 38 | | 01/22/2008 | |
Judgment e-mailed to Parties |
| 39 | | 02/08/2008 | |
MANDATE |
| 40 | | 02/19/2008 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |