State v. Boespflug

20100121 State of North Dakota, Plaintiff and Appellee
v.
Joshua Michael Boespflug, Defendant and Appellant

Appeal from: District Court, Northwest Judicial District, Ward County
Judge Gary H. Lee
Nature of Action: Misc. Statutory Off. (Misdemeanor)
Counsel:
Appellant: Kent M. Morrow
Appellee: Bradford Alan Peterson , Asst. State's Attorney
Term: 11/2010   Argument: 11/30/2010  Waived
ND cite: 2011 ND 30
NW cite: 793 N.W.2d 774


Issues: 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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Docket entries:
104/27/2010 NOTICE OF APPEAL: 04/23/2010
204/27/2010 ORDER FOR TRANSCRIPT: 04/23/2010
306/10/2010 TRANSCRIPTS DATED 3/9/09, 5/22/09, 11/20/09, 11/25/09, 1/14/10, 4/21/10 & C.O.S.
406/10/2010 DISK-TRA (3/9/09, 5/22/09, 11/20/09, 11/25/09, 1/14/10 & 4/21/10)
506/10/2010 TRANSCRIPT DATED NOVEMBER 25, 2009 (JURY TRIAL).
606/14/2010 RECORD ON APPEAL (2 volumes) & separates, which include exhibits
706/16/2010 DISK-TRA (11/25/09 JURY TRIAL) E-MAILED
806/21/2010 MOT. EXT/TIME APPELLANT BRIEF
906/21/2010 E-FILED MOTION
1006/21/2010 NO ACTION TAKEN
1107/21/2010 Received $25 e-filing surcharge for ATB (Receipt #19729).
1207/23/2010 S.Ct. Not. of Dismissal/Failure to Proceed
1307/28/2010 Reply to Dismissal.
1407/28/2010 NO ACTION TAKEN (S.Ct. Not. of Dismissal/Failure to Proceed)
1507/28/2010 MOT. EXT/TIME APPELLANT BRIEF (sua sponte)
1607/28/2010 ACTION BY CLERK (MAT) sua sponte. Granted: 07/28/2010
1707/28/2010 APPELLANT BRIEF (e-filed)
1807/28/2010 E-FILED BRIEF (ATB)
1907/28/2010 APPELLANT APPENDIX (e-filed) PDF
2007/28/2010 E-FILED APPENDIX (ATA)
2107/29/2010 Received 7 copies of ATB from Central Duplicating.
2207/29/2010 Received 6 copies of ATA from Central Duplicating.
2308/20/2010 MOT. EXT/TIME APPELLEE BRIEF (E-filed)
2408/20/2010 E-FILED MOTION (MAE)
2508/20/2010 ACTION BY CLERK (MAE). Granted: 09/27/2010
2609/22/2010 APPELLEE BRIEF
2709/22/2010 APPELLEE APPENDIX
2809/30/2010 Received 8 red covers for AEB
2910/04/2010 Received 8 cc each of TOA & corrected pgs. 9 & 10 for AEB
3010/04/2010 DISK of AEB (CD)
3110/18/2010 NOTICE OF ORAL ARGUMENT SENT
3211/10/2010 Request for waiver of oral argument on behalf of appellee
3311/12/2010 Request for waiver of oral argument on behalf of Appellant
3411/12/2010 E-FILED MOTION (waiver on behalf of appellant)
3511/12/2010 ACTION BY SUPREME COURT (waiver on behalf of appellee). Granted
3611/12/2010 ACTION BY SUPREME COURT (waiver of behalf of appellant)
3711/30/2010 APPEARANCES: Waived under N.D.R.App.34(f)
3811/30/2010 ARGUED: Waived under N.D.R.App.34(f)
3902/08/2011 DISPOSITION: AFFIRMED
4002/08/2011 UNANIMOUS OPINION: VandeWalle, Gerald W.
4102/09/2011 Judgment Sent to Parties
4203/02/2011 MANDATE
4303/04/2011 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 12/19/2014