State v. Henes

20080166 State of North Dakota, Plaintiff and Appellee
v.
Jesse Dean Henes, Defendant and Appellant

Appeal from: District Court, Northeast Judicial District, Bottineau County
Judge Michael G. Sturdevant
Nature of Action: Sexual Offense
Counsel:
Appellant: McCabe Law Firm
Appellee: Jonathan R. Byers , Att. General Office
Term: 01/2009   Argument: 01/22/2009  1:30pm
ND cite: 2009 ND 42
NW cite: 763 N.W.2d 502

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
The Court relied upon an impermissible factor to determine the severity of the sentence when the Court relied upon two uncounseled guilty verdicts without evidence that the right to counsel was waived, and therefore the sentence should be vacated and remanded for resentencing.

Add Docket 20080166 RSS Add Docket 20080166 RSS

Docket entries:
107/11/2008 NOTICE OF APPEAL: 07/07/2008
207/11/2008 ORDER FOR TRANSCRIPT: 07/07/2008
308/06/2008 RECORD ON APPEAL & SEPARATES (ENTRY NOS. 23, 30, 36, 43, 47, 51, AND 57-74)
408/21/2008 TRANSCRIPTS DATED JANUARY 9, 2008 AND MAY 23, 2008
508/21/2008 DISK-TRA (ELECTRONIC)
608/22/2008 CLERK'S CERTIFICATE OF SERVICE OF COPIES OF TRANSCRIPTS.
709/17/2008 MOT. EXT/TIME APPELLANT BRIEF (Faxed)
809/17/2008 E-FILED MOTION (MAT) Faxed
909/17/2008 ACTION BY CHIEF DEPUTY CLERK (MAT).. Granted: 10/30/2008
1010/30/2008 APPELLANT BRIEF (e-filed)
1110/30/2008 E-FILED BRIEF (ATB)
1210/30/2008 APPELLANT APPENDIX (Faxed)
1310/30/2008 E-FILED APPENDIX (ATA) Faxed
1410/31/2008 Received $25 surcharge for ATB (Receipt #18297).
1511/04/2008 Received copies of ATB from Central Duplicating Services
1611/04/2008 Received copies of ATA from Central Duplicating Services
1711/21/2008 APPELLEE BRIEF
1811/21/2008 DISK - aeb (e-mailed)
1912/08/2008 REPLY BRIEF
2012/08/2008 E-FILED BRIEF (RYB)
2112/10/2008 Received 7 copies of RYB from Central Duplicating.
2201/22/2009 APPEARANCES: Chad R. McCabe; Jonathan R. Byers
2301/22/2009 ARGUED: McCabe; Byers
2401/22/2009 ORAL ARGUMENT WEBCAST
2504/02/2009 DISPOSITION: AFFIRMED
2604/02/2009 UNANIMOUS OPINION: Maring, Mary Muehlen
2704/06/2009 Judgment E-Mailed to Parties
2804/24/2009 MANDATE
2904/29/2009 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 11/28/2014