State v. Aguero
State of North Dakota, Plaintiff and Appellee
Billy Joe Valdez Aguero, Defendant and Appellant
Northeast Central Judicial District,
Grand Forks County
Judge Lawrence E. Jahnke
|Nature of Action:||Homicide|
|Term:||06/2010  Argument: 06/25/2010 2:45pm|
|ND cite:||2010 ND 210|
791 N.W.2d 001
Listen to recording of oral argument in MP3 format
Appellant's Statement of the Issues:|
I. Did the trial court err when it required Defendant/Appellant Aguero during the guilt phase of the trial to be shackled?
II. Did the trial court err, when it allowed over Defendant/Appellant Aguero's objection, Investigator Hoffman to comment on Mr. Aguero's right to remain silent?
III. When a co-defendant's attorney, over Defendant/Appellant Aguero's objection, calls a witness during trial and asks questions that open the door to having his client named as a participant in two murders, does that questioning also open the door to having Mr. Aguero named a participant in the murders?
IV. Did the trial court fail to properly admonish the jury during the trial?
APPELLANT'S SUPPLEMENTAL BRIEF ISSUES
I.Should the record be amended to reflect that jurors saw Defendant/Appellant, Billy Joe Valdez Aguero in shackles in the courtroom and/or the courthouse during the trial?
REPLY BRIEF ISSUES
ISSUE I:Did the trial court err when it required Defendant/Appellant Aguero during the guilt phase of the trial to be shackled?
ISSUE II:The use of non-visible restraints was permissible as raised by Defendant-Moncada and Defendant-Aguero.
Appellee's Statement of the Issues:
I. Whether the District Court erred when permitting a witness to testify to non-testimonial hearsay statements of a decedent when the statement qualifies as under Rule 803(1) and/or 803(3) of the North Dakota Rules of Evidence as an exception to the hearsay rule or a proper non-hearsay purpose as raised by Defendant-Moncada?
II. Whether the District Court erred or violated Moncada and Aguero's right to a fair trial when the Court ordered the Defendant be subject to non-visible leg restraints during the trial as raised by Defendant-Moncada and Defendant-Aguero?
III. Whether the District Court abused its discretion when finding good cause to extend the detainer action as raised by Defendant-Moncada?
IV. Whether the District Court erred in permitting testimony from Investigator Hoffman as alleged by Defendant-Aguero?
V. Whether the District Court abused its discretion in permitting testimony with respect to a prior consistent statement as raised by Defendant-Aguero?
VI. Whether a failure to admonish the jurors is reversible error, as alleged by Defendant-Aguero, when there was a failure to object at trial and no prejudice alleged or demonstrated?
|Add Docket 20090241 RSS|
|1||08/20/2009||NOTICE OF APPEAL: 08/19/2009|
|2||08/20/2009||ORDER FOR TRANSCRIPT: 08/19/2009|
|3||08/24/2009||Acknowledgment of Order for Transcript & RETENTION OF RECORD ON APPEAL: 10/08/2009|
|4||10/08/2009||MOT. EXT/TIME TRANSCRIPT (court reporter)|
|5||10/08/2009||ACTION BY TRIAL COURT. Granted: 11/17/2009|
|6||11/09/2009||Transcripts dated 1-27-09, 2-27-09, 6-12-09, 6-15-09 (Final Pretrial Conference), 6-15-09 through|
|7||11/09/2009||6-25-09 (Vols. 1-9), & 8-7-09 & C.O.S.|
|8||11/09/2009||DISK of tras dated 1-27-09, 2-27-09, 6-12-09, 6-15-09, & 8-7-09|
|9||11/12/2009||DISK-tra (Jury trial dated 6/15/09 - 6/19/09, 6/22/09, 6/24/09, and 6/25/09) (vols. 1-6, 8 & 9)|
|10||11/16/2009||MOT. EXT/TIME APPELLANT BRIEF (sua sponte)|
|11||11/16/2009||ACTION BY CHIEF DEPUTY CLERK. Granted: 12/28/2009|
|12||11/18/2009||DISK-tra (Jury trial dated 6/23/09 - Vol. 7)|
|13||11/18/2009||RECORD ON APPEAL (Not Rec'd: #11,18,23,30,40,66,100,101,& 102 -- Steno Notes & Digital Recordings)|
|14||12/18/2009||MOTION FOR Remand to Modify|
|16||12/18/2009||MOT. EXT/TIME APPELLANT BRIEF (included in Motion for Remand to Modify)|
|17||12/22/2009||Transcript dated March 19, 2009, (see Sup. Ct. 20090254) - per letter from Pulkrabek dated 12/22/09|
|18||12/22/2009||ACTION BY CHIEF JUSTICE (Motion to Remand). Granted|
|19||12/22/2009||ORDER OF REMAND|
|20||12/22/2009||Order of Remand sent to Parties|
|21||12/22/2009||ACTION BY CHIEF JUSTICE. Granted: 02/26/2010|
|22||01/19/2010||MOT. EXT/TIME APPELLANT BRIEF & Attachments|
|23||01/19/2010||ACTION BY CHIEF JUSTICE. Granted: 03/26/2010|
|24||03/17/2010||MOT. EXT/TIME APPELLANT BRIEF & Attachments|
|25||03/17/2010||ACTION BY CHIEF JUSTICE. Denied|
|26||03/18/2010||TRANSCRIPT DATED FEBRUARY 24, 2010, & C.O.S.|
|27||03/18/2010||DISK-TRA (2/24/10) E-MAILED|
|28||03/23/2010||Clerk's Supplemental Certificate of Record dated March 22, 2010. (Entry Nos. 235 & 236)(NOTE: This|
|29||03/23/2010||Supplemental was returned to clerk's office to be renumbered. It is now a part of the|
|30||03/23/2010||Supplemental dated 3-30-10 & filed in our office 4-9-10)|
|33||03/26/2010||DISK - ATB (e-mailed)|
|34||03/30/2010||Copies of Criminal Judgments (4) for ATA|
|35||04/01/2010||Returning Clerk's Supplemental Cert. of Record dated 3/22/10 to fix numbering errors.|
|36||04/07/2010||Consolidated with 20090254. Attny Pulkrabek will get 20 minutes; Attny Martin will get 25 minutes|
|37||04/09/2010||Supplemental Clerk's Cert. dated 3-30-10 (Entry Nos. 224-240; not rec'd #230-steno notes)|
|38||04/09/2010||Amended Notice of Appeal filed in Grand Forks Co. on 3-30-10|
|39||04/22/2010||MOTION FOR extension of word limit for AEB|
|40||04/22/2010||ACTION BY CHIEF JUSTICE (Extension of word limit of AEB to 12,500 words). Granted|
|41||04/26/2010||APPELLEE BRIEF (e-filed)|
|42||04/26/2010||E-FILED BRIEF (AEB)|
|43||04/26/2010||APPELLEE APPENDIX (e-filed)|
|44||04/26/2010||E-FILED APPENDIX (AEA)|
|45||04/28/2010||Received $25 surcharge for AEB (Receipt #19469)|
|46||04/28/2010||MOTION to file a Supplemental Brief|
|47||04/30/2010||ACTION BY Acting Chief Justice (Sandstrom). Granted|
|48||05/04/2010||Received 7 copies of AEB from CSD|
|49||05/04/2010||Received 6 copies of AEA from CSD|
|50||05/07/2010||SUPPLEMEMTAL APPELLANT'S BRIEF & ADDENDUM|
|51||05/07/2010||DISK-SUPPLEMENTAL ATB (E-MAILED)|
|52||05/07/2010||REPLY BRIEF (Aguero)|
|53||05/07/2010||DISK-RYB (Aguero) e-mailed|
|54||05/18/2010||NOTICE OF ORAL ARGUMENT SENT|
|55||06/03/2010||MOTION to Postpone Oral Argument|
|56||06/04/2010||ACTION BY SUPREME COURT (argument rescheduled to later in June). Granted|
|57||06/22/2010||Request for Radio/TV Coverage (Associated Press) approved|
|58||06/25/2010||APPEARANCES: Robert Martin/Benjamin Pulkrabek/M. Jason McCarthy|
|60||06/25/2010||ORAL ARGUMENT WEBCAST|
|62||11/09/2010||SPLIT OPINION: Sandstrom, Dale V.|
|63||11/09/2010||(CONCURRING IN THE RESULT): Maring, Mary Muehlen: CON/RES|
|64||11/09/2010||(CONCURRING SPECIALLY): VandeWalle, Gerald W.: CONCUR|
|65||11/09/2010||(CONCURRING IN THE RESULT): Kapsner, Carol Ronning: CON/RES|
|66||11/09/2010||(JOIN CONCURRING IN THE RESULT): Crothers, Daniel John: JN/CON|
|67||11/10/2010||Judgment E-Mailed to Parties|
|68||11/16/2010||Corrected Opinion Pages 17 & 18|
|69||11/18/2010||Mot. Ext/Time Petition for Rehearing (faxed)|
|70||11/18/2010||ACTION BY CLERK (MPR). Granted: 12/10/2010|
|71||11/30/2010||PETITION FOR REHEARING (e-filed)|
|72||11/30/2010||E-FILED PETITION FOR REHEARING|
|73||12/02/2010||Received $25 e-filing surcharge for PER (Receipt #20081).|
|74||12/06/2010||Received 7 copies of PER from Central Duplicating.|
|75||12/21/2010||ACTION BY SUPREME COURT (PER). Denied|
|77||01/20/2011||RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|