State v. Addai

20090079 State of North Dakota, Plaintiff and Appellee
v.
Elijah Addai, Defendant and Appellant

Appeal from: District Court, East Central Judicial District, Cass County
Judge Douglas R. Herman
Nature of Action: Homicide
Counsel:
Appellant: Ross Wheeler Brandborg
Appellee: Leah Jo Viste , Asst. State's Attorney
Term: 11/2009   Argument: 11/25/2009  10:30am
ND cite: 2010 ND 29
NW cite: 778 N.W.2d 555

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
I. Whether the initial stop of Elijah Addai was valid.
II. Whether the identification procedure was constitutional.
III. Whether the in-court identifications of Addai were tainted by the initial police identification procedure consisting of a one-person showup.
IV. Whether the defense suffered substantial prejudice by the prosecution's failure to disclose discovery material in a timely way.
V. Whether the trial court committed reversible error by closing the courtroom to the press and public during the trial.
VI. Whether the was sufficient evidence to prove beyond a reasonable doubt that Elijah Addai murdered David Delonias.

Appellee's Statement of the Issues:
I.Whether there was reasonable and articulable suspicion justifying the stop of the vehicle in which the Defendant was a passenger.
II.Whether the on-site identification of the Defendant by Albertson and Bolgrean was reliable and was properly allowed.
III.Whether the in-court identification of the Defendant was proper.
IV.Whether the continuances which were granted cured any prejudice to the defense caused by late disclosure of discovery material by the State.
V.Whether the trial court closed the courtroom for proper and lawful reasons.
VI.Whether the evidence was sufficient to sustain the conviction.


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Docket entries:
103/03/2009 NOTICE OF APPEAL: 03/02/2009
203/12/2009 ORDER FOR TRANSCRIPT: 03/12/2009
303/20/2009 TRANSCRIPT DATED OCTOBER 24, 2008
403/20/2009 DISK - TRA (10-24-08) (e-mailed)
504/07/2009 TRANSCRIPTS DATED August 20, 2007, October 18, 2007, December 12, 2007, February 6, 2008,
604/07/2009 April 2, 2008, April 30, 2008, October 2, 2008, October 29, 2008, and November 24, 2008-2 vols.
704/07/2009 DISKS of tras 8-20-07, 10-18-07, 12-12-07, 2-6-08, 4-2-08, 4-30-08, 10-2-08, 10-29-08 & 12-24-08
804/07/2009 Copy of Transcript dated July 14, 2008 (Original is part of ROA)
904/07/2009 DISK - tra (7-14-08) (e-mailed)
1004/09/2009 Transcript dated November 28, 2008
1104/09/2009 DISK - tra (11-28-08)
1204/17/2009 RECORD ON APPEAL (not rec'd 3, 17, 19, 21, 23, 26, 47, 121, 154, 164, 200, 246-247, 252, 255)
1304/15/2009 Transcripts dated September 25, 2008 & February 17, 2009 (2 vols.)
1404/15/2009 DISK - TRA (9-25-08 & 2-17-09) (e-mailed)
1504/15/2009 DISK - Tra (12/1/08; 12/2/08; 12/3/08; 12/4/08; 12/5/08; 12/8/08; 12/9/08; 12/10/08; 12/11/08 &
1604/15/2009 Master Index (e-mailed)
1704/21/2009 TRANSCRIPTS dated 12/1/08;12/2/08;12/3/08;12/4/08;12/5/08;12/8/08;12/9/09;12/10/08;12/11/08 and
1804/21/2009 Master Index (10 volumes)
1905/27/2009 MOT. EXT/TIME APPELLANT BRIEF
2005/27/2009 E-FILED MOTION
2105/27/2009 Clerk requested clarification on Motion for extension
2205/29/2009 Amended Motion for Extension of Time
2305/31/2009 ACTION BY SUPREME COURT. Granted: 06/30/2009
2406/29/2009 MOT. EXT/TIME APPELLANT BRIEF
2506/29/2009 E-FILED MOTION
2606/29/2009 State's email advising of no objection to the extension
2706/29/2009 ACTION BY CHIEF JUSTICE. Granted: 07/10/2009
2807/10/2009 MOTION FOR Extension of Word Count for Appellant's Brief
2907/10/2009 ACTION BY CHIEF JUSTICE. Granted
3007/10/2009 APPELLANT BRIEF (EFB)
3107/10/2009 E-FILED BRIEF (ATB)
3207/10/2009 APPELLANT APPENDIX (EFB)
3307/10/2009 E-FILED APPENDIX (ATA)
3407/16/2009 Received 7 copies of ATB from CSD
3507/16/2009 Received 6 copies of ATA from CSD
3607/28/2009 MOT. EXT/TIME APPELLEE BRIEF
3707/28/2009 E-FILED MOTION (MAT)
3807/29/2009 ACTION BY CHIEF DEPUTY CLERK (MAE). Granted: 09/08/2009
3909/03/2009 MOT.FOR ADDITIONAL EXT/TIME APPELLEE BRIEF
4009/03/2009 E-FILED MOTION (MAE)
4109/03/2009 ACTION BY CHIEF JUSTICE - MAE (w/understanding OA in Nov.). Granted: 09/23/2009
4209/23/2009 APPELLEE BRIEF (e-filed)
4309/23/2009 E-FILED BRIEF (AEB)
4409/30/2009 Received $25 surcharge (Receipt #19015)
4510/02/2009 Rec'd copies of AEB from CSD.
4610/20/2009 NOTICE OF ORAL ARGUMENT SENT
4711/02/2009 Request for Radio/TV Coverage (KCND - FM) approved
4811/25/2009 APPEARANCES: Ross W. Brandborg/Leah J. Viste, Asst. State's Atty.
4911/25/2009 ARGUED: Brandborg/Viste
5011/25/2009 ORAL ARGUMENT WEBCAST
5102/17/2010 DISPOSITION: AFFIRMED
5202/17/2010 UNANIMOUS OPINION: Sandstrom, Dale V.
5302/18/2010 Judgment Sent to Parties
5402/26/2010 PETITION FOR REHEARING (e-filed)
5502/26/2010 E-FILED BRIEF (PER)
5603/02/2010 Received 7 copies of PER from CSD
5703/16/2010 ACTION BY SUPREME COURT - PER. Denied
5803/26/2010 MANDATE
5903/30/2010 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
6009/02/2011 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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