State v. Poitra
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| 20090339 |
State of North Dakota, Plaintiff and Appellee
v.
Joshua John Poitra, Defendant and Appellant
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| Appeal from: |
District Court,
East Central Judicial District,
Cass County
Judge Georgia Dawson |
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Nature of Action: |
Sexual Offense
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| Counsel: |
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| Term: |
04/2010 Argument: 04/08/2010 01:30pm
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| ND cite: |
2010 ND 137
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| NW cite: |
785 N.W.2d 225
Listen to recording of oral argument
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| Issues: |
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.
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| 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 |
| 36 | | 08/13/2010 | |
MANDATE |
| 37 | | 08/16/2010 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |