State v. Fickert

20090224 State of North Dakota, Plaintiff and Appellee
v.
Jake A. Fickert, Jr., Defendant and Appellant

Appeal from: District Court, Northwest Judicial District, Williams County
Judge David W. Nelson
Nature of Action: Sexual Offense
Counsel:
Appellant: Kerry Shannon Rosenquist
Appellee: Nathan Kirke Madden , Asst. State's Attorney
Term: 02/2010   Argument: 02/11/2010  11:00am
ND cite: 2010 ND 61
NW cite: 780 N.W.2d 670

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Issues: Appellant's Statement of the Issues:
Whether the trial court erred in not adhering to North Dakota Administrative Rule 52  4(b) stating a defendant may not plead guilty nor be sentenced by interactive television unless
a. The court makes a finding on the record that the attorney's participation from a separate site is necessary?
b. The court confirms on the record that the Defendant has knowingly and voluntarily consented to the attorney's participation from a separate site?
Whether the trial court erred in not adhering to North Dakota Rule of Criminal Procedure  11(b)3 by not determining a factual basis for the guilty plea.

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Docket entries:
108/04/2009 MOTION TO DISMISS & ATTACHMENTS. RspDue: 08/14/2009
208/10/2009 NOTICE OF APPEAL: 08/03/2009
308/10/2009 ORDER FOR TRANSCRIPT: 08/03/2009
408/13/2009 Response Filed from Atty Rosenquist
508/31/2009 ACTION BY SUPREME COURT - Motion to Dismiss. Denied
608/31/2009 A trial court Order granting a Motion for Extension of Time to file an Appeal was received.
709/21/2009 MOT. EXT/TIME TRANSCRIPT
809/21/2009 ACTION BY TRIAL COURT (Mot/Ext/TRA). Granted: 10/31/2009
910/27/2009 TRANSCRIPT DATED June 4, 2009 & C.O.S.
1010/27/2009 DISK - tra (6-4-09) (e-mailed)
1110/30/2009 RECORD ON APPEAL & Separate Nos. 10, 38, 41, 47 & 48
1212/04/2009 APPELLANT BRIEF (e-filed) (PDF)
1312/04/2009 E-FILED BRIEF (ATB)
1412/04/2009 APPELLANT APPENDIX (e-filed)
1512/04/2009 E-FILED APPENDIX (ATA)
1612/09/2009 Received $25 surcharge for ATB (Receipt #19266)
1712/17/2009 Received 7 copies of ATB from CSD
1812/17/2009 Received 6 copies of ATA from CSD
1912/23/2009 APPELLEE BRIEF (e-filed)
2012/23/2009 E-FILED BRIEF (AEB)
2112/23/2009 Received $25.00 surcharge for AEB
2212/28/2009 RECEIVED 7 COPIES OF AEB FROM CENTRAL DUPLICATING.
2312/28/2009 FIRST SUPPLEMENTAL CLERK'S CERTIFICATE OF RECORD (ENTRIES 64 - 69)
2401/19/2010 NOTICE OF ORAL ARGUMENT SENT
2502/11/2010 APPEARANCES: Kerry S. Rosenquist & Pat Rosenquist, 3rd year/Nathan K. Madden, Asst. State's Atty.
2602/11/2010 ARGUED: Kerry Rosenquist/Madden
2702/11/2010 ORAL ARGUMENT WEBCAST
2804/06/2010 DISPOSITION: AFFIRMED
2904/06/2010 UNANIMOUS OPINION: Kapsner, Carol Ronning
3004/07/2010 Judgment Sent to Parties
3105/17/2010 MANDATE
3205/19/2010 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 07/29/2014