State v. Aabrekke
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| 20100170 |
State of North Dakota, Plaintiff and Appellee
v.
Ivan Lee Aabrekke, Defendant and Appellant
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| Appeal from: |
District Court,
Northeast Judicial District,
Benson County
Judge Donovan John Foughty |
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Nature of Action: |
Sexual Offense
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| Counsel: |
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| Term: |
02/2011 Argument: 02/04/2011 01:30pm
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| ND cite: |
2011 ND 131
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| NW cite: |
800 N.W.2d 284
Listen to recording of oral argument
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| Issues: |
Appellant's Statement of the Issues:
I.Whether the admission by the trial of testimony of prior sexual contact was error?
II.Whether the evidence is legally sufficient to support the jury verdict?
III.Assuming arguendo that the evidence is legally sufficient to support the jury verdict, whether the jury verdict is against the weight of the evidence and, therefore, the trial court abused its discretion in denying the motion for new trial?
IV.Whether the trial court erred in denying Mr. Aabrekke's request for a mistrial?
Appellee's Statement of the Issues:
1.The District Court did not err by admitting prior sexual contact.
2.The evidence is legally sufficient to support the jury verdict.
3.The District Court did not abuse its discretion in denying Defendant's motion for a new trial.
4.The District Court did not err in denying Defendant's request for a mistrial.
5.Conclusion: Affirm the Trial Court.
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| 1 | | 06/11/2010 | |
NOTICE OF APPEAL: 06/08/2010 |
| 2 | | 07/08/2010 | |
MOTION FOR Remand & Stay of Briefing Schedule |
| 3 | | 07/08/2010 | |
ACTION BY CHIEF JUSTICE. Granted |
| 4 | | 07/08/2010 | |
ORDER OF REMAND |
| 5 | | 07/08/2010 | |
RECORD ON APPEAL and separates nos. 4,7,8,9,10,45,46,& 75 (not rec'd nos. 47 & 48) |
| 6 | | 07/19/2010 | |
Copy of trial court order denying transcript at public expense |
| 7 | | 07/16/2010 | |
1st Supplemental Clerk's Certificate of Record (entry nos. 97-99) |
| 8 | | 07/20/2010 | |
2nd Supplemental Clerk's Certificate of Record (entry nos. 100-103) |
| 9 | | 07/22/2010 | |
Reset due date of Appellant's Brief - Transcript preparation suspended |
| 10 | | 07/26/2010 | |
Court Recorder received payment for TRA |
| 11 | | 07/26/2010 | |
MOT. EXT/TIME TRANSCRIPT |
| 12 | | 07/26/2010 | |
ACTION BY TRIAL COURT (MTR). Granted: 09/07/2010 |
| 13 | | 07/28/2010 | |
3rd Supplemental Clerk's Certificate dated 7-27-10(Entry Nos. 105-111;not rec'd #104-Correspondence |
| 14 | | 07/28/2010 | |
from SC office |
| 15 | | 07/28/2010 | |
Amended Notice of Appeal |
| 16 | | 09/02/2010 | |
TRANSCRIPTS DATED March 22-23,2010 (V.1) & March 24-25,2010 (V.2) & C.O.S. |
| 17 | | 09/02/2010 | |
DISK - TRA dated March 22-23,2010 (V.1) & March 24-25,2010 (V.2) |
| 18 | | 10/04/2010 | |
MOT. EXT/TIME APPELLANT BRIEF |
| 19 | | 10/04/2010 | |
E-FILED MOTION |
| 20 | | 10/05/2010 | |
ACTION BY CHIEF JUSTICE (Denied a 40-day ext., but granted a 30-day ext.). Granted: 11/12/2010 |
| 21 | | 11/11/2010 | |
APPELLANT BRIEF (e-filed) |
| 22 | | 11/11/2010 | |
E-FILED BRIEF (ATB) |
| 23 | | 11/15/2010 | |
Received $25 e-filing surcharge for ATB (Receipt #20056). |
| 24 | | 11/18/2010 | |
APPELLANT APPENDIX (faxed) PDF |
| 25 | | 11/18/2010 | |
E-FILED APPENDIX (ATA) faxed PDF |
| 26 | | 11/18/2010 | |
Rec'd corrections to ATB. |
| 27 | | 11/22/2010 | |
Received 7 copies of ATB from Central Duplicating. |
| 28 | | 11/22/2010 | |
Received 6 copies of ATA from Central Duplicating. |
| 29 | | 12/17/2010 | |
APPELLEE BRIEF (e-filed) |
| 30 | | 12/17/2010 | |
E-FILED BRIEF (AEB) |
| 31 | | 12/22/2010 | |
RECEIVED 7 COPIES OF AEB FROM CENTRAL DUPLICATING. |
| 32 | | 12/23/2010 | |
Received $25 surcharge for AEB (Receipt #20101) |
| 33 | | 01/19/2011 | |
NOTICE OF ORAL ARGUMENT SENT |
| 34 | | 02/04/2011 | |
APPEARANCES: Ulysses S. Jones; James P. Wang |
| 35 | | 02/04/2011 | |
ARGUED: Ulysses S. Jones; James P. Wang |
| 36 | | 02/04/2011 | |
ORAL ARGUMENT WEBCAST |
| 37 | | 07/13/2011 | |
DISPOSITION: REVERSED AND REMANDED |
| 38 | | 07/13/2011 | |
SPLIT OPINION: Crothers, Daniel John |
| 39 | | 07/13/2011 | |
(DISSENT): Sandstrom, Dale V.: DISSENT |
| 40 | | 07/14/2011 | |
Judgment Sent to Parties |
| 41 | | 08/05/2011 | |
MANDATE |
| 42 | | 11/14/2011 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |