State v. Wegley

20070027 State of North Dakota, Plaintiff and Appellee
v.
James Eugene Wegley, Defendant and Appellant

Appeal from: District Court, Northwest Judicial District, Williams County
Judge Robert W. Holte
Nature of Action: Sexual Offense
Counsel:
Appellant: Bonnie Louise Storbakken
Appellee: Nicole Ellan Foster , State's Attorney
Term: 09/2007   Argument: 09/12/2007  3:00pm
ND cite: 2008 ND 4
NW cite: 744 N.W.2d 284

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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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Docket entries:
101/22/2007 NOTICE OF APPEAL: 01/12/2007
202/05/2007 Substitution of Counsel (Bonnie Storbakken replaced Josh Rustad)
302/14/2007 MOT. EXT/TIME APPELLANT BRIEF
402/14/2007 ACTION BY CLERK (30 days after the transcript is filed). Granted: 05/17/2007
502/16/2007 RECORD ON APPEAL with separates 43, 51, 53-65, 66, 71, 77, 80, and 88
602/16/2007 Not received with the record on appeal were entries 36-39 (not in file)
702/28/2007 MOT. EXT/TIME TRANSCRIPT (Jean M. Lindvig)
802/28/2007 ACTION BY TRIAL COURT (MTR). Granted: 04/25/2007
903/22/2007 Supplemental Clerk's Certificate dated 3-20-07 (Entry No. 101)
1004/17/2007 TRANSCRIPTS DATED December 29, 2006 and June 29 & 30, 2006
1104/17/2007 DISK OF tras dtd 6-29 & 30-2006, and 12-29-06 (e-mailed)
1204/18/2007 Certificate of Mailing for transcripts
1305/17/2007 APPELLANT BRIEF
1405/17/2007 E-FILED BRIEF
1505/17/2007 APPELLANT APPENDIX
1605/17/2007 E-FILED APPENDIX
1705/22/2007 Received efiling surcharge of $25; receipt no. 17392
1805/25/2007 Rec'd 7 copies of ATB from Central Duplicating
1906/05/2007 Recieved copies of NOA and Table of Contents for ATA
2006/06/2007 received 6 copies of ATA from Central Duplicating Services
2106/06/2007 APPELLEE BRIEF (e-filed)
2206/06/2007 E-FILED BRIEF (AEB)
2306/14/2007 Received $25 surcharge for AEB (Receipt #17580)
2406/18/2007 MOT. EXT/TIME REPLY BRIEF (faxed)
2506/18/2007 E-FILED MOTION (faxed MRY)
2606/18/2007 ACTION BY CLERK. Granted: 07/02/2007
2706/18/2007 Received 7 copies of AEB from Central Duplicating.
2807/05/2007 MOT. EXT/TIME REPLY BRIEF (e-mailed letter from Bonnie Storbakken)
2907/05/2007 ACTION BY CLERK (MRY). Granted: 07/05/2007
3007/05/2007 REPLY BRIEF of appellant (E-filed)
3107/05/2007 E-FILED BRIEF (RYB)
3207/17/2007 Received copies of RYB from Central Duplicating Services
3309/12/2007 APPEARANCES: Bonnie L. Storbakken; Nicole E. Foster
3409/12/2007 ARGUED: Storbakken; Foster
3509/12/2007 ORAL ARGUMENT WEBCAST
3601/17/2008 DISPOSITION: AFFIRMED
3701/17/2008 UNANIMOUS OPINION: Kapsner, Carol Ronning
3801/22/2008 Judgment e-mailed to Parties
3902/08/2008 MANDATE
4002/19/2008 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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