State v. Boespflug
State of North Dakota, Plaintiff and Appellee
Joshua Michael Boespflug, Defendant and Appellant
North Central Judicial District,
Judge Gary H. Lee
|Nature of Action:||Misc. Statutory Off. (Misdemeanor)|
|Term:||11/2010  Argument: 11/30/2010 Waived|
|ND cite:||2011 ND 30|
793 N.W.2d 774
Appellant's Statement of the Issues:|
Issue One:The court erred in denying the Judgment of Acquittal because the evidence was insufficient to sustain a conviction.
Issue Two:The trial court erred when it refused to give Boespflug's requested jury instruction on the affirmative defense.
Issue Three:The trial court erred when it denied Boespflug's Motion for Arrest of Judgment.
Issue Four:The court erred in denying Boespflug's Motion for New Trial.
Issue Five:The trial court erroneously instructed the jury on the essential elements of the felony version of Corruption of Minor, rather than the misdemeanor version.
Appellee's Statement of the Issues:
Issue One: The trial court did not err in denying the defendant's motion for judgment of acquittal because the verdict was not against the weight of the evidence.
Issue Two: The trial court did not err when it refused to give requested jury instruction on a claimed affirmative defense that the defendant on grounds that he did not believe the victim to be a minor was therefore not criminally responsible for his actions.
Issue Three: The trial court did not err when it denied the defendant's motion for arrest of judgment because the criminal complaint adequately charged the offense of Corruption or Solicitation of a Minor and the trial court had jurisdiction to hear the matter, the offense having been committed in Ward County.
Issue Four: The court did not err in denying the defendant's motion for new trial because the verdict was not against the weight of the evidence.
Issue Five: The court's instructions to the jury were not erroneous and embraced a fair and impartial exposition of the law applicable to the evidence and facts of the case.
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|1||04/27/2010||NOTICE OF APPEAL: 04/23/2010|
|2||04/27/2010||ORDER FOR TRANSCRIPT: 04/23/2010|
|3||06/10/2010||TRANSCRIPTS DATED 3/9/09, 5/22/09, 11/20/09, 11/25/09, 1/14/10, 4/21/10 & C.O.S.|
|4||06/10/2010||DISK-TRA (3/9/09, 5/22/09, 11/20/09, 11/25/09, 1/14/10 & 4/21/10)|
|5||06/10/2010||TRANSCRIPT DATED NOVEMBER 25, 2009 (JURY TRIAL).|
|6||06/14/2010||RECORD ON APPEAL (2 volumes) & separates, which include exhibits|
|7||06/16/2010||DISK-TRA (11/25/09 JURY TRIAL) E-MAILED|
|8||06/21/2010||MOT. EXT/TIME APPELLANT BRIEF|
|10||06/21/2010||NO ACTION TAKEN|
|11||07/21/2010||Received $25 e-filing surcharge for ATB (Receipt #19729).|
|12||07/23/2010||S.Ct. Not. of Dismissal/Failure to Proceed|
|13||07/28/2010||Reply to Dismissal.|
|14||07/28/2010||NO ACTION TAKEN (S.Ct. Not. of Dismissal/Failure to Proceed)|
|15||07/28/2010||MOT. EXT/TIME APPELLANT BRIEF (sua sponte)|
|16||07/28/2010||ACTION BY CLERK (MAT) sua sponte. Granted: 07/28/2010|
|17||07/28/2010||APPELLANT BRIEF (e-filed)|
|18||07/28/2010||E-FILED BRIEF (ATB)|
|19||07/28/2010||APPELLANT APPENDIX (e-filed) PDF|
|20||07/28/2010||E-FILED APPENDIX (ATA)|
|21||07/29/2010||Received 7 copies of ATB from Central Duplicating.|
|22||07/29/2010||Received 6 copies of ATA from Central Duplicating.|
|23||08/20/2010||MOT. EXT/TIME APPELLEE BRIEF (E-filed)|
|24||08/20/2010||E-FILED MOTION (MAE)|
|25||08/20/2010||ACTION BY CLERK (MAE). Granted: 09/27/2010|
|28||09/30/2010||Received 8 red covers for AEB|
|29||10/04/2010||Received 8 cc each of TOA & corrected pgs. 9 & 10 for AEB|
|30||10/04/2010||DISK of AEB (CD)|
|31||10/18/2010||NOTICE OF ORAL ARGUMENT SENT|
|32||11/10/2010||Request for waiver of oral argument on behalf of appellee|
|33||11/12/2010||Request for waiver of oral argument on behalf of Appellant|
|34||11/12/2010||E-FILED MOTION (waiver on behalf of appellant)|
|35||11/12/2010||ACTION BY SUPREME COURT (waiver on behalf of appellee). Granted|
|36||11/12/2010||ACTION BY SUPREME COURT (waiver of behalf of appellant)|
|37||11/30/2010||APPEARANCES: Waived under N.D.R.App.34(f)|
|38||11/30/2010||ARGUED: Waived under N.D.R.App.34(f)|
|40||02/08/2011||UNANIMOUS OPINION: VandeWalle, Gerald W.|
|41||02/09/2011||Judgment Sent to Parties|
|43||03/04/2011||RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|