State v. Ripley

20080290 State of North Dakota, Plaintiff and Appellee
v.
Gary Duane Ripley, Defendant and Appellant

Appeal from: District Court, Southeast Judicial District, Stutsman County
Judge Mikal Simonson
Nature of Action: Sexual Offense
Counsel:
Appellant: Benjamin C. Pulkrabek
Appellee: Jay Anthony Schmitz , Asst. State's Attorney
Term: 05/2009   Argument: 05/04/2009  1:30pm
ND cite: 2009 ND 105
NW cite: 766 N.W.2d 465

Listen to recording of oral argument in MP3 format

Issues: 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?

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Docket entries:
111/12/2008 NOTICE OF APPEAL: 11/10/2008
211/12/2008 ORDER FOR TRANSCRIPT: 11/10/2008
311/12/2008 Consolidated w/20080291. Make all entries except for DIS & MAN in this case.
411/14/2008 Acknowledgment of Order for Transcript
511/14/2008 RETENTION OF RECORD ON APPEAL: 12/30/2008
612/29/2008 TRANSCRIPT DATED SEPTEMBER 4, 2008 & September 5, 2008 (2 volumes)
712/29/2008 DISK - tra (9/4 & 9/5/08)
812/30/2008 Certificate of Service of TRA
901/02/2009 RECORD ON APPEAL. (Not rec'd were Entry Nos. 1, 2, 55, and 61).
1001/20/2009 Clerk's Supplemental Certificate of Record on Appeal dated January 15, 2009 (entries 69-70)
1101/30/2009 APPELLANT BRIEF
1201/30/2009 ADDENDUM TO APPELLANT'S BRIEF
1301/30/2009 DISK - ATB
1401/30/2009 APPELLANT APPENDIX I
1501/30/2009 APPELLANT APPENDIX II
1602/04/2009 Received 8 cc of amended noa & 5 cc of pg 16 for Vol. 1 of ATA
1702/25/2009 MOT. EXT/TIME APPELLEE BRIEF (e-filed)
1802/25/2009 E-FILED MOTION (MAE)
1902/25/2009 ACTION BY CLERK (MAE). Granted: 03/31/2009
2003/30/2009 APPELLEE BRIEF
2103/30/2009 E-FILED BRIEF - AEB
2204/01/2009 Received $25 surcharge for AEB (Receipt 18781)
2304/02/2009 Received 7 copies of AEB from Central Duplicating
2405/04/2009 APPEARANCES: Benjamin C. Pulkrabek/Jay A. Schmitz, Asst. State's Attny.
2505/04/2009 ARGUED: Pulkrabek/Schmitz
2605/04/2009 ORAL ARGUMENT WEBCAST
2706/17/2009 DISPOSITION: AFFIRMED
2806/17/2009 UNANIMOUS OPINION: Kapsner, Carol Ronning
2906/18/2009 Judgment e-mailed to Parties
3007/10/2009 MANDATE
3107/15/2009 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 10/24/2014