State v. Torkelsen
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| 20070369 |
State of North Dakota, Plaintiff and Appellee
v.
James B. Torkelsen, Defendant and Appellant
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| Appeal from: |
District Court,
Northeast Judicial District,
Towner County
Judge Lee A. Christofferson |
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Nature of Action: |
Sexual Offense
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| Counsel: |
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| Term: |
06/2008 Argument: 06/09/2008 11:00am
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| ND cite: |
2008 ND 137
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| NW cite: |
756 N.W.2d 548
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| Issues: |
Appellant's Statement of the Issues:
1. Did Judge Christofferson incorrectly rule on the defendant's motion for a judgment of acquittal pursuant to the North Dakota Rules of Criminal Procedure, Rule 29 in denying the defendant's motion at the close of the state's case? This issue is
presented regarding all three counts of sexual assault brought against the defendant.
Appellee's Statement of the Issues:
I. There was sufficient evidence for the trial court to conclude that torkelsen committed three counts of sexual assault?
A. Count 1: Sexual contact between Torkelsen's penis and Jane Doe's hand on December 1, 2006.
B. Count 2: Sexual contact between Torkelsen's hands and Jane Doe's breasts on or about February 2004 to November 30, 2006.
C. Count 3: Sexual contact between Torkelsen's penis and Jane Doe's hands on or about February 2004 to November 30, 2006.
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| 1 | | 12/20/2007 | |
NOTICE OF APPEAL: 12/17/2007 |
| 2 | | 12/20/2007 | |
ORDER FOR TRANSCRIPT: 12/17/2007 |
| 3 | | 12/20/2007 | |
Second Notice of Appeal filed by James B. Torkelsen |
| 4 | | 12/20/2007 | |
THIS CASE IS CONSOLIDATED W/20070372 AND 20070373, MAKE ALL ENTRIES EXCEPT DIS AND MAN IN THIS CASE |
| 5 | | 01/10/2008 | |
MOT. EXT/TIME TRANSCRIPT |
| 6 | | 01/10/2008 | |
ACTION BY Chief Deputy Clerk. Granted: 03/06/2008 |
| 7 | | 01/10/2008 | |
ANNOUNCED DISQUALIFICATION: Maring, Mary Muehlen |
| 8 | | 01/15/2008 | |
RECORD ON APPEAL w/Separates (Entry Nos. 33-40 and 42-43) |
| 9 | | 01/23/2008 | |
Transcript dated November 21, 2007 |
| 10 | | 01/23/2008 | |
DISK - transcript dated 11-21-07 (emailed) |
| 11 | | 01/24/2008 | |
Affidavit of Service of copies of 11-21-07 sentencing transcript |
| 12 | | 01/31/2008 | |
Supplemental Clerk's Certificate dated 1-30-08 (Entry Nos. 59-64) |
| 13 | | 02/22/2008 | |
TRANSCRIPT DATED AUGUST 17, 2007 |
| 14 | | 02/25/2008 | |
DISK-TRA(8/17/07) ELECTRONIC |
| 15 | | 02/25/2008 | |
CERTIFICATE OF SERVICE OF COPIES OF TRANSCRIPTS. |
| 16 | | 04/01/2008 | |
APPELLANT BRIEF |
| 17 | | 04/01/2008 | |
APPELLANT APPENDIX |
| 18 | | 04/08/2008 | |
Corrected pages and certificate of Service for ATB |
| 19 | | 04/08/2008 | |
DISK - ATB |
| 20 | | 05/01/2008 | |
APPELLEE BRIEF |
| 21 | | 05/01/2008 | |
DISK of AEB (e-mailed) |
| 22 | | 05/28/2008 | |
SITTING WITH THE COURT: Webb, Wade L. |
| 23 | | 06/09/2008 | |
APPEARANCES: Scott R. Thompson; Jonathan R. Byers |
| 24 | | 06/09/2008 | |
ARGUED: Thompson; Byers |
| 25 | | 06/09/2008 | |
ORAL ARGUMENT WEBCAST |
| 26 | | 07/02/2008 | |
DISPOSITION: AFFIRMED BY SUMMARY DISP. |
| 27 | | 07/02/2008 | |
UNANIMOUS OPINION: Per Curiam |
| 28 | | 07/02/2008 | |
Judgment e-mailed to Parties |
| 29 | | 07/24/2008 | |
MANDATE |
| 30 | | 07/28/2008 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |