State v. Hidanovic
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| 20070130 |
State of North Dakota, Plaintiff and Appellee
v.
Mevludin Hidanovic, Defendant and Appellant
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| Appeal from: |
District Court,
East Central Judicial District,
Cass County
Judge Wade L. Webb |
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Nature of Action: |
Misc. Statutory Offense (Felony)
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| Counsel: |
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| Term: |
11/2007 Argument: 11/01/2007 10:45am
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| ND cite: |
2008 ND 66
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| NW cite: |
747 N.W.2d 463
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| Issues: |
Appellant's Statement of the Issues:
I.Whether overt expressions of ethnic or racial bias by a juror constituted overt juror misconduct, and if it was misconduct whether that misconduct warranted a new trial?
II.Whether the trial court erred in not granting the defendant's motion for a new trial based on the newly presented testimony of Ashley Kron?
III.Whether there is sufficient evidence to support the conviction of the defendant for participating in a riot while armed?
IV.Whether there was prosecutorial misconduct justifying a new trial when the prosecutor continuously injected ethnicity into cross examination of a witness and at one point claimed that the term used to refer to gypsies, namely "zigeuner" in german
was a "bad word"?
V.Whether the defendant's motion to suppress witness identification was improperly denied?
Appellee's Statement of the Issues:
1. Whether the trial court erred in not granting Mevludin Hidanovic a new trial on the grounds that jury misconduct during deliberations tainted the verdict with extraneous prejudicial information.
2. Whether the trial court abused its discretion in denying Mevludin Hidanovic's motion for new trial based on newly discovered evidence.
3. Whether the evidence presented at trial was sufficient to convict Mevludin Hidanovic of the charged offense.
4. Whether the trial court abused its discretion in denying Mevludin Hidanovic's motion for new trial based on prosecutorial misconduct.
5. Whether the multiple photograph identification procedure used by Detective Kulesa was unduly suggestive.
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| 1 | | 05/09/2007 | |
NOTICE OF APPEAL: 05/04/2007 |
| 2 | | 05/09/2007 | |
ORDER FOR TRANSCRIPT: 05/04/2007 |
| 3 | | 05/23/2007 | |
TRANSCRIPTS (4 VOLUMES) DATED JANUARY 3, 2007 (VOLS. I, II, & IV) AND JANUARY 5, 2007 (VOL. III). |
| 4 | | 05/23/2007 | |
DISK-TRA (JANUARY 3, 2007-VOLS. I, II, & IV) ELECTRONIC |
| 5 | | 05/23/2007 | |
CERTIFICATE OF SERVICE OF TRANSCRIPTS JANUARY 3,2007 (VOLS. I, II, & IV) & JANUARY 5,2007 (VOL.III) |
| 6 | | 05/29/2007 | |
DISK of tra - VOL. III dtd 1-5-07 |
| 7 | | 06/04/2007 | |
RECORD ON APPEAL including separate transcript (4 Vol.) dated January 3, 2007 and January 5, 2007, |
| 8 | | 06/04/2007 | |
not sent were Nos. 14, 16, 17, 31, 32, 33, 34, 58, 81, 86 & 104 (Tapes), 46, 47, & 48 (Exhibits) |
| 9 | | 06/06/2007 | |
TRANSCRIPTS DATED APRIL 5, 2007 & MAY 3, 2007 |
| 10 | | 06/06/2007 | |
DISK-TRA (4/5/07 & 5/3/07) ELECTRONIC |
| 11 | | 06/06/2007 | |
CLERK'S CERTIFICATE OF SERVICE OF COPIES OF TRANSCRIPTS (4/5/07 & 5/3/07). |
| 12 | | 07/11/2007 | |
MOT. EXT/TIME APPELLANT BRIEF |
| 13 | | 07/11/2007 | |
E-FILED MOTION (MAT) |
| 14 | | 07/11/2007 | |
ACTION BY CLERK (MAT). Granted: 07/23/2007 |
| 15 | | 07/23/2007 | |
APPELLANT BRIEF |
| 16 | | 07/23/2007 | |
APPELLANT APPENDIX |
| 17 | | 08/01/2007 | |
DISK - atb (e-mailed) |
| 18 | | 07/24/2007 | |
Rec'd corrected TOA, pages, disk for ATB & Register of Actions of ATA |
| 19 | | 08/13/2007 | |
Corrected page 18 for ATB |
| 20 | | 08/13/2007 | |
Certificate of Service dated July 30, 2007 of corrected pages for ATB |
| 21 | | 08/13/2007 | |
Certificate of Service dated Aug. 10, 2007 of corrected page 18 for ATB |
| 22 | | 08/27/2007 | |
APPELLEE BRIEF (e-filed) |
| 23 | | 08/27/2007 | |
E-FILED BRIEF (AEB) |
| 24 | | 08/30/2007 | |
Received $25 surcharge (Receipt #17671) |
| 25 | | 09/05/2007 | |
Received 7 copies of AEB from Central Duplicating |
| 26 | | 10/29/2007 | |
Request for Radio/TV Coverage Dave Thompson from Prairie Public Radio (approved) |
| 27 | | 11/01/2007 | |
APPEARANCES: David J. Chapman; Mark R. Boening, Asst. State's Attorney |
| 28 | | 11/01/2007 | |
ARGUED: Chapman; Boening |
| 29 | | 11/01/2007 | |
ORAL ARGUMENT WEBCAST |
| 30 | | 04/17/2008 | |
DISPOSITION: AFFIRMED |
| 31 | | 04/17/2008 | |
UNANIMOUS OPINION: Sandstrom, Dale V. |
| 32 | | 04/18/2008 | |
Judgment e-mailed to Parties |
| 33 | | 05/09/2008 | |
MANDATE |
| 34 | | 05/13/2008 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |