State v. Ripley
State of North Dakota, Plaintiff and Appellee
Gary Duane Ripley, Defendant and Appellant
Southeast Judicial District,
Judge Mikal Simonson
|Nature of Action:||Sexual Offense|
|Term:||05/2009  Argument: 05/04/2009|
|ND cite:||2009 ND 105|
766 N.W.2d 465
Listen to recording of oral argument in MP3 format
Appellant's Statement of the Issues:|
I.Did the trial judge err when he denied Defendant's Motion for a Continuance, Motion to Reconsider Defendant's Motion for Continuance, and Defendant's attorney's Motion to Withdraw as Counsel of Record, and only allowed Defendant's attorney 17 working days to prepare for the trial?
II.Did the trial judge err after the twelfth juror was selected when the noon recess was taken without admonishing the jury?
III.Was the evidence sufficient to convict Defendant-Appellant?
Appellee's Statement of the Issues:
1. Whether the District Court abused its discretion in denying the defendant's motion for continuance?
2. Whether the District Court's failure to admonish the jurors at the noon recess during jury selection was harmless error because the defendant did not object and has not claimed or demonstrated any prejudice as a result of the oversight?
3. Whether the evidence at trial was sufficient to allow a reasonable jury to find the defendant guilty beyond a reasonable doubt?
|Add Docket 20080290 RSS|
|1||11/12/2008 NOTICE OF APPEAL: 11/10/2008|
|2||11/12/2008 ORDER FOR TRANSCRIPT: 11/10/2008|
|3||11/12/2008 Consolidated w/20080291. Make all entries except for DIS & MAN in this case.|
|4||11/14/2008 Acknowledgment of Order for Transcript|
|5||11/14/2008 RETENTION OF RECORD ON APPEAL: 12/30/2008|
|6||12/29/2008 TRANSCRIPT DATED SEPTEMBER 4, 2008 & September 5, 2008 (2 volumes)|
|7||12/29/2008 DISK - tra (9/4 & 9/5/08)|
|8||12/30/2008 Certificate of Service of TRA|
|9||01/02/2009 RECORD ON APPEAL. (Not rec'd were Entry Nos. 1, 2, 55, and 61).|
|10||01/20/2009 Clerk's Supplemental Certificate of Record on Appeal dated January 15, 2009 (entries 69-70)|
|11||01/30/2009 APPELLANT BRIEF|
|12||01/30/2009 ADDENDUM TO APPELLANT'S BRIEF|
|13||01/30/2009 DISK - ATB|
|14||01/30/2009 APPELLANT APPENDIX I|
|15||01/30/2009 APPELLANT APPENDIX II|
|16||02/04/2009 Received 8 cc of amended noa & 5 cc of pg 16 for Vol. 1 of ATA|
|17||02/25/2009 MOT. EXT/TIME APPELLEE BRIEF (e-filed)|
|18||02/25/2009 E-FILED MOTION (MAE)|
|19||02/25/2009 ACTION BY CLERK (MAE). Granted: 03/31/2009|
|20||03/30/2009 APPELLEE BRIEF|
|21||03/30/2009 E-FILED BRIEF - AEB|
|22||04/01/2009 Received $25 surcharge for AEB (Receipt 18781)|
|23||04/02/2009 Received 7 copies of AEB from Central Duplicating|
|24||05/04/2009 APPEARANCES: Benjamin C. Pulkrabek/Jay A. Schmitz, Asst. State's Attny.|
|25||05/04/2009 ARGUED: Pulkrabek/Schmitz|
|26||05/04/2009 ORAL ARGUMENT WEBCAST|
|27||06/17/2009 DISPOSITION: AFFIRMED|
|28||06/17/2009 UNANIMOUS OPINION: Kapsner, Carol Ronning|
|29||06/18/2009 Judgment e-mailed to Parties|
|31||07/15/2009 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|