State v. McAvoy
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| 20070095 |
State of North Dakota, Plaintiff and Appellee
v.
Rae William McAvoy, Jr. 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: |
Sexual Offense
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| Counsel: |
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| Term: |
10/2007 Argument: 10/08/2007 10:00am
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| ND cite: |
2007 ND 178
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| NW cite: |
741 N.W.2d 198
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| Issues: |
Appellant's Statement of the Issues:
1.Whether the District Court erred in basing its finding that the Rae McAvoy violated his probation upon the fact that the Defendant had failed to complete sex offender treatment which was not alleged by the State in its Petition for Revocation of
Probation.
2.Whether the District Court erred in allowing the State to admit the results of a polygraph examination and testimony regarding the polygraph examination into evidence.
3.Whether the court erred in finding that the Defendant's actions were a violation of his probation.
Appellee's Statement of the Issues:
I. Whether the District Court's determination that Defendant violated his probation conditions and revoking Defendant's probation was proper?
II. Whether the District Court properly admitted the results of a polygraph examination and testimony regarding the examination into evidence?
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 Add Docket 20070095 RSS
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| 1 | | 04/02/2007 | |
NOTICE OF APPEAL: 03/30/2007 |
| 2 | | 04/02/2007 | |
ORDER FOR TRANSCRIPT (see notice of appeal): 03/30/2007 |
| 3 | | 04/30/2007 | |
Copy of trial court's granting of preparation of transcripts at public expense |
| 4 | | 04/30/2007 | |
RETENTION OF RECORD ON APPEAL: 05/19/2007 |
| 5 | | 05/16/2007 | |
TRANSCRIPT DATED March 28, 2007 |
| 6 | | 05/18/2007 | |
DISK-tra(3/28/07) |
| 7 | | 05/18/2007 | |
Clerk's Certificate of Service of Transcripts dated 3/28/07 |
| 8 | | 05/21/2007 | |
RECORD ON APPEAL W/SEPARATES (ENTRY NOS. 26-28). NOT REC'D ENTRY NOS.90 & 94). |
| 9 | | 06/25/2007 | |
APPELLANT BRIEF (E-filed) |
| 10 | | 06/25/2007 | |
E-FILED BRIEF (ATB) |
| 11 | | 06/25/2007 | |
APPELLANT APPENDIX (e-filed)(PDF) |
| 12 | | 06/25/2007 | |
E-FILED APPENDIX (ATA) |
| 13 | | 07/02/2007 | |
Received $25 surcharge for ATB (Receipt #17610) |
| 14 | | 07/06/2007 | |
Received 7 copies of ATB from Central Duplicating |
| 15 | | 07/06/2007 | |
Received 6 copies of ATA from Central Duplicating |
| 16 | | 07/25/2007 | |
APPELLEE BRIEF (e-filed) |
| 17 | | 07/25/2007 | |
E-FILED BRIEF (AEB) |
| 18 | | 07/25/2007 | |
APPELLEE APPENDIX (e-filed) |
| 19 | | 07/25/2007 | |
E-FILED APPENDIX (AEA) |
| 20 | | 07/27/2007 | |
Affidavit of Service by E-Mail of AEB & AEA |
| 21 | | 07/27/2007 | |
Received $25 surcharge for AEB (Receipt #17635) |
| 22 | | 07/31/2007 | |
Received 7 copies of AEB from Central Duplicating. |
| 23 | | 07/31/2007 | |
Received 6 copies of AEA from Central Duplicating. |
| 24 | | 08/07/2007 | |
Consent to Appearance Under the Senior Practice Rule signed by Faye A. Jasmer, Asst. State's Atty. |
| 25 | | 08/07/2007 | |
and Peter D. Welte, State's Attorney for Derick Roller |
| 26 | | 10/08/2007 | |
APPEARANCES: Darla J. Schuman; Faye A. Jasmer |
| 27 | | 10/08/2007 | |
ARGUED: Schuman; Jasmer |
| 28 | | 10/08/2007 | |
ORAL ARGUMENT WEBCAST |
| 29 | | 11/14/2007 | |
DISPOSITION: AFFIRMED |
| 30 | | 11/14/2007 | |
UNANIMOUS OPINION: sa: Sandstrom, Dale V. |
| 31 | | 11/15/2007 | |
Judgment E-Mailed to Parties |
| 32 | | 12/06/2007 | |
MANDATE |
| 33 | | 12/11/2007 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |