State v. Paul
State of North Dakota, Plaintiff and Appellee
Wilson Grant Paul, Sr. Defendant and Appellant
East Central Judicial District,
Judge Steven L. Marquart
|Nature of Action:||Sexual Offense|
|Term:||04/2009  Argument: 04/09/2009|
|ND cite:||2009 ND 120|
769 N.W.2d 416
Listen to recording of oral argument in MP3 format
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.
|Add Docket 20080292 RSS|
|1||11/12/2008 NOTICE OF APPEAL: 11/10/2008|
|2||11/12/2008 ORDER FOR TRANSCRIPT: 11/10/2008|
|3||12/10/2008 RECORD ON APPEAL & SEPARATES (ENTRY NOS. 28, 39, & 40-49).|
|4||12/11/2008 Not received w/ROA were court reporter tapes/notes (entry nos. 6, 12, 13, 55-60, and 68).|
|5||12/16/2008 TRANSCRIPTS DATED 1/22/08, 2/21/08, AND 10/3/08|
|6||12/16/2008 DISK-tra (1/22/08, 2/21/08, AND 10/3/08) e-mailed|
|7||12/17/2008 CERTIFICATE OF SERVICE OF COPIES OF TRANSCRIPTS.|
|8||01/02/2009 MOT. EXT/TIME TRANSCRIPT (Catherine Jorgensen)|
|9||01/02/2009 ACTION BY TRIAL COURT (MTR). Granted: 12/31/2009|
|10||12/31/2008 TRANSCRIPTS DATED 4/16/08, 5/2/08, 5/5/08, 5/6/08, 5/7/08, & 5/8/08|
|11||12/31/2008 Disk of transcripts dated 4/16/08, 5/2/08, 5/5/08, 5/6/08, 5/7/08, & 5/8/08|
|12||02/09/2009 APPELLANT BRIEF (e-filed) PDF|
|13||02/09/2009 E-FILED BRIEF (ATB) PDF|
|14||02/09/2009 APPELLANT APPENDIX (e-filed) PDF|
|15||02/09/2009 E-FILED APPENDIX (ATA) PDF|
|16||02/11/2009 Received 7 copies of ATB from Central Duplicating|
|17||02/11/2009 Received 6 copies of ATA from Central Duplicating|
|18||02/26/2009 Payment for $25 surcharge through inter-departmental billing; journal entry 742332|
|19||03/11/2009 E-FILED BRIEF - AEB|
|20||03/11/2009 APPELLEE BRIEF|
|21||03/18/2009 Received $25 surcharge for AEB|
|22||03/23/2009 Received copies of AEB from CSD|
|23||04/09/2009 APPEARANCES: Monty G. Mertz/Leah J. Viste, Asst. State's Attny.|
|24||04/09/2009 ARGUED: Mertz/Viste|
|25||04/09/2009 ORAL ARGUMENT WEBCAST|
|26||07/09/2009 DISPOSITION: AFFIRMED|
|27||07/09/2009 UNANIMOUS OPINION: Maring, Mary Muehlen|
|28||07/09/2009 Concur in the result: VandeWalle, Gerald W.: CON/RES|
|30||08/11/2009 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|