State v. Huether

20100018 State of North Dakota, Plaintiff and Appellee
v.
Ray Leon Huether, Defendant and Appellant

Appeal from: District Court, Northwest Judicial District, Ward County
Judge Douglas L. Mattson
Nature of Action: Sexual Offense
Counsel:
Appellee: Kelly Ann Dillon , Asst. State's Attorney
Appellant: Kent M. Morrow
Term: 10/2010   Argument: 10/06/2010  10:30am
ND cite: 2010 ND 233
NW cite: 790 N.W.2d 901

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
Did the trial court err when it denied Huether's Motion to Suppress.
Did the trial court err when it denied the Defendant's motion to exclude Huether's confession due to a violation of his Miranda Rights.
Did the court err when it considered an impermissible sentencing factor.
Was there sufficient evidence to support the guilty verdict.

Appellee's Statement of the Issues:
I. The trial court did not err in denying Huether's Motion to Suppress.
II. The trial court did not err in denying, in part, Huether's Motion to Suppress his August 8, 2008 confession.
III. The trial court did not rely on an impermissible sentencing factor.
IV. The evidence was sufficient to support the verdict.

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Docket entries:
101/15/2010 NOTICE OF APPEAL: 01/14/2010
201/18/2010 E-mail from Roza Larson dated 1-18-10 re: Kelly Dillon is handling appeal for the State
301/27/2010 Amended Notice of Appeal (filed by Robert Martin)
401/27/2010 ORDER FOR TRANSCRIPT (filed by Robert Martin): 01/25/2010
501/28/2010 Notice of Assignment of Appellate Attorney - Kent Morrow to replace Robert Martin as counsel for AT
601/28/2010 RETENTION OF RECORD ON APPEAL: 03/16/2010
703/15/2010 MOT. EXT/TIME TRANSCRIPT
803/15/2010 ACTION BY TRIAL COURT - MTR. Granted: 04/26/2010
904/21/2010 Transcript dated October 22, 2008 (Copy, Original is part of the ROA)
1004/21/2010 Transcript commencing August 13, 2008 (pretrial hearings)
1104/21/2010 Transcript August 27, 2008 (Copy, Original is part of the ROA)
1204/21/2010 TRANSCRIPTS (4 Vol.) DATED September 8, 2009 thru September 11, 2009 and Sentencing Hearing
1304/21/2010 Dated December 30, 2009 & C.O.S.
1404/21/2010 DISK - TRA 10-22-08, comm 8-13-08, 08-27-08, 09-08-09 - 4 vol., 12-30-09 (8 Total)
1504/26/2010 RECORD ON APPEAL, Exhibits, Transcripts, and Separates
1605/28/2010 MOT. EXT/TIME APPELLANT BRIEF (e-filed)
1705/28/2010 E-FILED MOTION (MAT)
1805/28/2010 ACTION BY DEPUTY CLERK. Granted: 06/30/2010
1907/07/2010 MOTION TO DISMISS. RspDue: 07/16/2010
2007/07/2010 Reply to Motion to Dismiss
2107/14/2010 ACTION BY SUPREME COURT (Motion to Dismiss). Denied
2207/07/2010 APPELLANT BRIEF (e-filed)
2307/07/2010 E-FILED BRIEF (ATB)
2407/07/2010 APPELLANT APPENDIX (e-filed) pdf
2507/07/2010 E-FILED APPENDIX (ATA) pdf
2607/14/2010 Received $25 e-filing surcharge for ATB (Receipt #19716).
2707/21/2010 Received 7 copies of ATB from Central Duplicating.
2807/21/2010 Received 6 copies of ATA from Central Duplicating.
2908/03/2010 APPELLEE BRIEF
3008/03/2010 APPELLEE APPENDIX
3108/03/2010 DISK (AEB) disk
3209/20/2010 NOTICE OF ORAL ARGUMENT SENT
3310/06/2010 APPEARANCES: Kent M. Morrow; Kelly A. Dillon, Asst. State's Attorney
3410/06/2010 ARGUED: Morrow; Dillon
3510/06/2010 ORAL ARGUMENT WEBCAST
3612/02/2010 DISPOSITION: AFFIRMED
3712/02/2010 UNANIMOUS OPINION: Sandstrom, Dale V.
3812/02/2010 Judgment Sent to Parties
3912/30/2010 MANDATE
4001/04/2011 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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