State v. Poitra
State of North Dakota, Plaintiff and Appellee
Joshua John Poitra, Defendant and Appellant
East Central Judicial District,
Judge Georgia Dawson
|Nature of Action:||Sexual Offense|
|Term:||04/2010  Argument: 04/08/2010|
|ND cite:||2010 ND 137|
785 N.W.2d 225
Listen to recording of oral argument in MP3 format
Appellant's Statement of the Issues:|
Was the failure of the Fargo Police Department to provide notice to JP of his right to counsel or the presence of counsel prior to obtaining his DNA a violation of his constitutional rights?
Were the police reckless in their affidavit for the search warrant in failing to include JP's date of birth and juvenile status or the conflicting evidence as to the victim's identification of JP?
Did the trial court err when it refused to suppress the collection of JP's DNA sample due to the police's failure to permit consultation with his mother or counsel prior to collection?
Did the court err when it refused to suppress the use of JP's photograph in a line-up due to non-compliance with Section 27-20-53(6)?
Did the trial court err when it failed to make any findings as to whether imposition of the mandatory minimum sentence would impose a manifest injustice, thereby negating the mandatory component of the sentence imposed?
Appellee's Statement of the Issues:
I. The district court properly denied the Defendant's motion to suppress DNA evidence.
II. The victim's identification of the Defendant was reliable under the totality of the circumstances and attributed to a source independent of the photo lineup.
III. The plain language of the statute supports the district court's imposition of the mandatory minimum sentence without further findings.
IV. The district court properly granted the State's motion to preclude the victim's sexual behavior or alleged sexual predisposition.
|Add Docket 20090339 RSS|
|1||11/05/2009 NOTICE OF APPEAL: 11/04/2009|
|2||11/05/2009 ORDER FOR TRANSCRIPT: 11/04/2009|
|3||12/01/2009 TRANSCRIPT DATED 7/15/08; 7/16/08; 8/14/08; 11/5/08; 1/28/09; 2/25/09; 7/6/09; 7/7/09;|
|4||12/01/2009 7/8/09; 7/9/09; 7/10/09; and 10/26/09 & C.O.S.|
|5||12/01/2009 DISK (e-mailed) - Transcripts dated 7/15/08; 7/16/08; 8/14/08; 11/5/08; 1/28/09; 2/25/09; 7/6/09;|
|6||12/01/2009 7/7/09; 7/8/09; 7/9/09; 7/10/09; and 10/26/09|
|7||12/10/2009 RECORD ON APPEAL and Separates No. 36 - 38. Not sent - Nos. 5, 10, 21, 26, 29, 35, 105, 107, 111,|
|8||12/10/2009 (Steno notes and Tapes), Nos. 117 (Exh 4 Cap), 118 (Exh 5 Evidence Kit)|
|9||01/05/2010 MOT. EXT/TIME APPELLANT BRIEF (e-filed)|
|10||01/05/2010 E-FILED MOTION (mat)|
|11||01/05/2010 ACTION BY CLERK (mat). Granted: 01/20/2010|
|12||01/18/2010 MOT. EXT/TIME APPELLANT BRIEF (letter form)|
|13||01/18/2010 E-FILED MOTION - MAT|
|14||01/19/2010 ACTION BY CLERK - MAT. Granted: 02/10/2010|
|15||01/22/2010 APPELLANT BRIEF (E-filed)|
|16||01/22/2010 E-FILED BRIEF (atb)|
|17||01/22/2010 APPELLANT APPENDIX (E-FILED)|
|18||01/22/2010 E-FILED APPENDIX - ATA|
|19||01/26/2010 Received $25 surcharge for ATB (Receipt #19321)|
|20||02/02/2010 Received copies of ATB from CSD|
|21||02/02/2010 Received copies of ATA from CSD|
|22||02/17/2010 MOT. EXT/TIME APPELLEE BRIEF|
|23||02/17/2010 E-FILED MOTION - MAE|
|24||02/17/2010 ACTION BY CLERK - MAE. Granted: 03/12/2010|
|25||03/12/2010 APPELLEE BRIEF (e-filed)|
|26||03/12/2010 E-FILED BRIEF (AEB)|
|27||03/19/2010 Received $25 e-filing surcharge for AEB (Receipt #19404).|
|28||03/22/2010 NOTICE OF ORAL ARGUMENT SENT|
|29||03/23/2010 Received 7 copies of AEB from CSD|
|30||04/08/2010 APPEARANCES: Kent M. Morrow; Kimberlee J. Hegvik, Asst.State's Atty.|
|31||04/08/2010 ARGUED: Morrow; Hegvik|
|32||04/08/2010 ORAL ARGUMENT WEBCAST|
|33||07/13/2010 DISPOSITION: AFFIRMED|
|34||07/13/2010 UNANIMOUS OPINION: Crothers, Daniel John|
|35||07/15/2010 Judgment E-Mailed to Parties|
|37||08/16/2010 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|