State v. Paul

20080292 State of North Dakota, Plaintiff and Appellee
v.
Wilson Grant Paul, Sr. Defendant and Appellant

Appeal from: District Court, East Central Judicial District, Cass County
Judge Steven L. Marquart
Nature of Action: Sexual Offense
Counsel:
Appellant: Monty Grant Mertz
Appellee: Leah Jo Viste , Asst. State's Attorney
Term: 04/2009   Argument: 04/09/2009  1:30pm
ND cite: 2009 ND 120
NW cite: 769 N.W.2d 416

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
1.Whether the District Court Erred by Allowing the Victim's Hearsay Statements Pursuant to Rule 803(24)(a) of the North Dakota Rules of Evidence, When There Were Insufficient Guarantees of Trustworthiness.
2.Whether the District Court Abused Its Discretion In Allowing Wilson to Testify as an Expert.
3.Whether the District Court's Admission of Evidence of Other Crimes Constitutes Reversible Error.
4.Whether the Evidence Was Insufficient to Sustain the Conviction of Gross Sexual Imposition.

Appellee's Statement of the Issues:
1. The District Court did not err by admitting the victim's hearsay statements pursuant to Rule 803(24)(a) of the North Dakota Rules of Evidence.
II. The District Court did not abuse its discretion in allowing Wilson to testify as an expert.
III. The District Court's admission of evidence of other crimes does not constitute reversible error.
IV. The evidence was sufficient to sustain the conviction of gross sexual imposition.

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Docket entries:
111/12/2008 NOTICE OF APPEAL: 11/10/2008
211/12/2008 ORDER FOR TRANSCRIPT: 11/10/2008
312/10/2008 RECORD ON APPEAL & SEPARATES (ENTRY NOS. 28, 39, & 40-49).
412/11/2008 Not received w/ROA were court reporter tapes/notes (entry nos. 6, 12, 13, 55-60, and 68).
512/16/2008 TRANSCRIPTS DATED 1/22/08, 2/21/08, AND 10/3/08
612/16/2008 DISK-tra (1/22/08, 2/21/08, AND 10/3/08) e-mailed
712/17/2008 CERTIFICATE OF SERVICE OF COPIES OF TRANSCRIPTS.
801/02/2009 MOT. EXT/TIME TRANSCRIPT (Catherine Jorgensen)
901/02/2009 ACTION BY TRIAL COURT (MTR). Granted: 12/31/2009
1012/31/2008 TRANSCRIPTS DATED 4/16/08, 5/2/08, 5/5/08, 5/6/08, 5/7/08, & 5/8/08
1112/31/2008 Disk of transcripts dated 4/16/08, 5/2/08, 5/5/08, 5/6/08, 5/7/08, & 5/8/08
1202/09/2009 APPELLANT BRIEF (e-filed) PDF
1302/09/2009 E-FILED BRIEF (ATB) PDF
1402/09/2009 APPELLANT APPENDIX (e-filed) PDF
1502/09/2009 E-FILED APPENDIX (ATA) PDF
1602/11/2009 Received 7 copies of ATB from Central Duplicating
1702/11/2009 Received 6 copies of ATA from Central Duplicating
1802/26/2009 Payment for $25 surcharge through inter-departmental billing; journal entry 742332
1903/11/2009 E-FILED BRIEF - AEB
2003/11/2009 APPELLEE BRIEF
2103/18/2009 Received $25 surcharge for AEB
2203/23/2009 Received copies of AEB from CSD
2304/09/2009 APPEARANCES: Monty G. Mertz/Leah J. Viste, Asst. State's Attny.
2404/09/2009 ARGUED: Mertz/Viste
2504/09/2009 ORAL ARGUMENT WEBCAST
2607/09/2009 DISPOSITION: AFFIRMED
2707/09/2009 UNANIMOUS OPINION: Maring, Mary Muehlen
2807/09/2009 Concur in the result: VandeWalle, Gerald W.: CON/RES
2908/05/2009 MANDATE
3008/11/2009 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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