State v. Demarais

20080181 State of North Dakota, Plaintiff and Appellee
v.
Judy Ann Demarais, Defendant and Appellant

Appeal from: District Court, Northeast Central Judicial District, Grand Forks County
Judge Sonja Clapp
Nature of Action: Drugs/Contraband
Counsel:
Appellee: Carmell Faye Mattison , Asst. State's Attorney
Appellant: Jeff A. Bredahl
Term: 04/2009   Argument: 04/14/2009  Waived
ND cite: 2009 ND 143
NW cite: 770 N.W.2d 246


Issues: Appellant's Statement of the Issues:
I. Whether there was sufficient evidence to prove beyond a reasonable doubt Ms. Demarais' intent to use methamphetamine paraphernalia.
II. Whether there was sufficient evidence to prove beyond a reasonable doubt that Ms. Demarais' failure to appear was intentional.
III. Whether the State committed Constitutional error by eliciting testimony and making arguments that compromised Ms. Demarais' fundamental rights against self-incrimination and the right to a fair trial.

Appellee's Statement of the Issues:
I.Whether sufficient evidence was presented at trial to support the jury's guilty verdict on the charge of possession of drug paraphernalia.
II.Whether sufficient evidence was presented at trial to support the jury's guilty verdict on the charge of bail jumping.
III.Whether the Defendant was afforded a fair trial.

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Docket entries:
107/25/2008 NOTICE OF APPEAL: 07/24/2008
207/25/2008 ORDER FOR TRANSCRIPT: 07/24/2008
307/25/2008 This case is consolidated w/20080182; make all entries except DIS and MAN in this case
407/25/2008 Acknowledgement of Order for Transcript
507/25/2008 RETENTION OF RECORD ON APPEAL by court reporter: 09/12/2008
608/26/2008 Notice of Appearance by Jeff A. Bredahl of Bredahl & Associates
709/03/2008 Transcript dated May 6, 2008
809/03/2008 DISK - tra (5-6-08)
909/15/2008 MOT. EXT/TIME TRANSCRIPT (Nancy Krogstad)
1009/15/2008 ACTION BY TRIAL COURT (MTR). Granted: 10/22/2008
1110/17/2008 Transcript dated May 6 & 7, 2008 (Vol. 1)
1210/17/2008 DISK - tra (May 6 & 7,2008) (Vol. I)
1310/22/2008 RECORD ON APPEAL & SEPARATES (ENTRY NOS. 1, 98 AND 119).
1410/22/2008 NOT REC'D W/ROA WERE ENTRY NOS. 5, 12, 14, 17, 20, 24, 32, 45, 50, 56, 61, 63-76, 104, 112 & 116).
1511/05/2008 DISK- tra (May 8 & 9) (Vol. II)
1611/07/2008 TRANSCRIPT DATED MAY 8 & 9, 2008 (VOL. II)
1711/17/2008 Certificate of Service of copies of transcripts.
1812/16/2008 MOT. EXT/TIME APPELLANT BRIEF
1912/16/2008 ACTION BY CLERK - MAT. Granted: 12/27/2008
2012/16/2008 E-FILED MOTION - ATB
2112/29/2008 APPELLANT BRIEF
2212/29/2008 E-FILED BRIEF (ATB)
2312/29/2008 APPELLANT APPENDIX (e-filed)
2412/29/2008 E-FILED APPENDIX (ATA)
2501/08/2009 Receipt $25 surcharge for ATB (Receipt # 18674)
2601/12/2009 Received 7 copies of ATB from Central Duplicating.
2701/12/2009 Received 6 copies of ATA from Central Duplicating.
2801/27/2009 APPELLEE BRIEF (e-filed) PDF
2901/27/2009 E-FILED BRIEF (AEB) PDF
3001/27/2009 APPELLEE APPENDIX (e-filed) PDF
3101/27/2009 E-FILED APPENDIX (AEA) PDF
3201/29/2009 Received $25 surcharge for AEB (Receipt #18700).
3301/30/2009 Received 7 copies of AEB from Central Duplicating.
3401/30/2009 Received 6 copies of AEA from Central Duplicating.
3503/27/2009 In light of Fargo flooding, oral argument continued to April Term
3604/07/2009 Consent to Appearance Under the Senior Practice Rule for Lynn Slaathaug-Moen
3704/14/2009 Notice of waiver, due to road conditions
3804/14/2009 E-FILED MOTION
3904/14/2009 ACTION BY SUPREME COURT (waiver). Granted
4004/14/2009 State's waiver also received
4104/14/2009 APPEARANCES: Waived under N.D.R.App.P. 34(f)
4204/14/2009 ARGUED: Argument waived
4307/21/2009 DISPOSITION: AFFIRMED
4407/21/2009 UNANIMOUS OPINION: Crothers, Daniel John
4507/22/2009 Judgment E-Mailed to Parties
4608/12/2009 MANDATE
4708/19/2009 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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