State v. Hidanovic

20070130 State of North Dakota, Plaintiff and Appellee
v.
Mevludin Hidanovic, Defendant and Appellant

Appeal from: District Court, East Central Judicial District, Cass County
Judge Wade L. Webb
Nature of Action: Misc. Statutory Offense (Felony)
Counsel:
Appellant: DJ Chapman Law
Appellee: Mark Rainer Boening , Asst. State's Attorney
Term: 11/2007   Argument: 11/01/2007  10:45am
ND cite: 2008 ND 66
NW cite: 747 N.W.2d 463

Listen to recording of oral argument in MP3 format

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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Docket entries:
105/09/2007 NOTICE OF APPEAL: 05/04/2007
205/09/2007 ORDER FOR TRANSCRIPT: 05/04/2007
305/23/2007 TRANSCRIPTS (4 VOLUMES) DATED JANUARY 3, 2007 (VOLS. I, II, & IV) AND JANUARY 5, 2007 (VOL. III).
405/23/2007 DISK-TRA (JANUARY 3, 2007-VOLS. I, II, & IV) ELECTRONIC
505/23/2007 CERTIFICATE OF SERVICE OF TRANSCRIPTS JANUARY 3,2007 (VOLS. I, II, & IV) & JANUARY 5,2007 (VOL.III)
605/29/2007 DISK of tra - VOL. III dtd 1-5-07
706/04/2007 RECORD ON APPEAL including separate transcript (4 Vol.) dated January 3, 2007 and January 5, 2007,
806/04/2007 not sent were Nos. 14, 16, 17, 31, 32, 33, 34, 58, 81, 86 & 104 (Tapes), 46, 47, & 48 (Exhibits)
906/06/2007 TRANSCRIPTS DATED APRIL 5, 2007 & MAY 3, 2007
1006/06/2007 DISK-TRA (4/5/07 & 5/3/07) ELECTRONIC
1106/06/2007 CLERK'S CERTIFICATE OF SERVICE OF COPIES OF TRANSCRIPTS (4/5/07 & 5/3/07).
1207/11/2007 MOT. EXT/TIME APPELLANT BRIEF
1307/11/2007 E-FILED MOTION (MAT)
1407/11/2007 ACTION BY CLERK (MAT). Granted: 07/23/2007
1507/23/2007 APPELLANT BRIEF
1607/23/2007 APPELLANT APPENDIX
1708/01/2007 DISK - atb (e-mailed)
1807/24/2007 Rec'd corrected TOA, pages, disk for ATB & Register of Actions of ATA
1908/13/2007 Corrected page 18 for ATB
2008/13/2007 Certificate of Service dated July 30, 2007 of corrected pages for ATB
2108/13/2007 Certificate of Service dated Aug. 10, 2007 of corrected page 18 for ATB
2208/27/2007 APPELLEE BRIEF (e-filed)
2308/27/2007 E-FILED BRIEF (AEB)
2408/30/2007 Received $25 surcharge (Receipt #17671)
2509/05/2007 Received 7 copies of AEB from Central Duplicating
2610/29/2007 Request for Radio/TV Coverage Dave Thompson from Prairie Public Radio (approved)
2711/01/2007 APPEARANCES: David J. Chapman; Mark R. Boening, Asst. State's Attorney
2811/01/2007 ARGUED: Chapman; Boening
2911/01/2007 ORAL ARGUMENT WEBCAST
3004/17/2008 DISPOSITION: AFFIRMED
3104/17/2008 UNANIMOUS OPINION: Sandstrom, Dale V.
3204/18/2008 Judgment e-mailed to Parties
3305/09/2008 MANDATE
3405/13/2008 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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