City of Fargo v. Lunday

20080127 City of Fargo, Plaintiff and Appellee
v.
John Herald Lunday III, Defendant and Appellant

Appeal from: District Court, East Central Judicial District, Cass County
Judge John Charles Irby
Nature of Action: Dui/Dus
Counsel:
Appellant: Joe Allen Johnson
Appellee: Scott Orel Diamond , Asst. City Attorney
Term: 10/2008   Argument: 10/06/2008  Waived
ND cite: 2009 ND 9
NW cite: 760 N.W.2d 136


Issues: Appellant's Statement of the Issues:
Whether the district court committed obvious error by allowing the appellant's conviction to stand based upon insufficient evidence.

Appellee's Statement of the Issues:
I.Whether an Appellant who failed to make a motion for a judgment of acquittal during a criminal jury trial to preserve the issue of the sufficiency of the evidence can raise the issue of the sufficiency of the evidence for the first time on appeal.
II.Whether the district court committed obvious error by allowing the Appellant's conviction to stand based upon insufficient evidence.

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Docket entries:
105/29/2008 NOTICE OF APPEAL: 05/27/2008
205/29/2008 ORDER FOR TRANSCRIPT: 05/27/2008
306/09/2008 TRANSCRIPT DATED APRIL 22, 2008
406/10/2008 DISK-tra (4/22/08)
506/10/2008 CERTIFICATE OF SERVICE OF COPIES OF TRANSCRIPTS.
606/13/2008 RECORD ON APPEAL (not rec'd - 11, 14, 33, 41 (tapes))
707/11/2008 MOT. EXT/TIME APPELLANT BRIEF
807/11/2008 ACTION BY CLERK (MAT). Granted: 08/18/2008
908/18/2008 APPELLANT BRIEF (e-filed)
1008/18/2008 E-FILED BRIEF (ATB)
1108/18/2008 APPELLANT APPENDIX (e-filed)
1208/18/2008 E-FILED APPENDIX (ATA)
1308/21/2008 Received $25 surcharge for ATB (Receipt #18221)
1408/26/2008 Clerk's Supplemental Certificate of Record on Appeal dated August 22, 2008 with entries 54 & 55
1508/27/2008 Received copies of ATB from Central Duplicating Services
1608/27/2008 Received copies of ATA from Central Duplicating Services
1709/12/2008 APPELLEE BRIEF
1809/19/2008 DISK - aeb (e-mailed)
1909/22/2008 corrected TOA & pages 5 & 7 for AEB
2009/22/2008 Affidavit of Service of corrected pages for AEB
2109/29/2008 Reuqest to waive Appellant's argument
2209/29/2008 ACTION BY SUPREME COURT (Appellant's argument waived). Granted
2309/29/2008 S.CT. DETERMINED ORAL ARGUMENT NOT NECESSARY (Appellee's argument)
2410/06/2008 APPEARANCES: AT waived under NDRAppP 34(f); waived by Court on behalf of AE under NDRAppP 34(a)(2)
2510/06/2008 ARGUED: AT waived under NDRAppP 34(f); waived by Court on behalf of AE under NDRAppP 34(a)(2)
2602/03/2009 DISPOSITION: AFFIRMED
2702/03/2009 UNANIMOUS OPINION: Crothers, Daniel John
2802/05/2009 Order/Judgment E-Mailed to Parties
2902/25/2009 MANDATE
3002/27/2009 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
3103/03/2009 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE (for supplemental)

Generated from Supreme Court Docket on 10/30/2014