State v. Aabrekke

20100170 State of North Dakota, Plaintiff and Appellee
v.
Ivan Lee Aabrekke, Defendant and Appellant

Appeal from: District Court, Northeast Judicial District, Benson County
Judge Donovan John Foughty
Nature of Action: Sexual Offense
Counsel:
Appellant: Ulysses Samuel Jones
Appellee: James Peter Wang , State's Attorney
Term: 02/2011   Argument: 02/04/2011  1:30pm
ND cite: 2011 ND 131
NW cite: 800 N.W.2d 284

Listen to recording of oral argument in MP3 format

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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Docket entries:
106/11/2010 NOTICE OF APPEAL: 06/08/2010
207/08/2010 MOTION FOR Remand & Stay of Briefing Schedule
307/08/2010 ACTION BY CHIEF JUSTICE. Granted
407/08/2010 ORDER OF REMAND
507/08/2010 RECORD ON APPEAL and separates nos. 4,7,8,9,10,45,46,& 75 (not rec'd nos. 47 & 48)
607/19/2010 Copy of trial court order denying transcript at public expense
707/16/2010 1st Supplemental Clerk's Certificate of Record (entry nos. 97-99)
807/20/2010 2nd Supplemental Clerk's Certificate of Record (entry nos. 100-103)
907/22/2010 Reset due date of Appellant's Brief - Transcript preparation suspended
1007/26/2010 Court Recorder received payment for TRA
1107/26/2010 MOT. EXT/TIME TRANSCRIPT
1207/26/2010 ACTION BY TRIAL COURT (MTR). Granted: 09/07/2010
1307/28/2010 3rd Supplemental Clerk's Certificate dated 7-27-10(Entry Nos. 105-111;not rec'd #104-Correspondence
1407/28/2010 from SC office
1507/28/2010 Amended Notice of Appeal
1609/02/2010 TRANSCRIPTS DATED March 22-23,2010 (V.1) & March 24-25,2010 (V.2) & C.O.S.
1709/02/2010 DISK - TRA dated March 22-23,2010 (V.1) & March 24-25,2010 (V.2)
1810/04/2010 MOT. EXT/TIME APPELLANT BRIEF
1910/04/2010 E-FILED MOTION
2010/05/2010 ACTION BY CHIEF JUSTICE (Denied a 40-day ext., but granted a 30-day ext.). Granted: 11/12/2010
2111/11/2010 APPELLANT BRIEF (e-filed)
2211/11/2010 E-FILED BRIEF (ATB)
2311/15/2010 Received $25 e-filing surcharge for ATB (Receipt #20056).
2411/18/2010 APPELLANT APPENDIX (faxed) PDF
2511/18/2010 E-FILED APPENDIX (ATA) faxed PDF
2611/18/2010 Rec'd corrections to ATB.
2711/22/2010 Received 7 copies of ATB from Central Duplicating.
2811/22/2010 Received 6 copies of ATA from Central Duplicating.
2912/17/2010 APPELLEE BRIEF (e-filed)
3012/17/2010 E-FILED BRIEF (AEB)
3112/22/2010 RECEIVED 7 COPIES OF AEB FROM CENTRAL DUPLICATING.
3212/23/2010 Received $25 surcharge for AEB (Receipt #20101)
3301/19/2011 NOTICE OF ORAL ARGUMENT SENT
3402/04/2011 APPEARANCES: Ulysses S. Jones; James P. Wang
3502/04/2011 ARGUED: Ulysses S. Jones; James P. Wang
3602/04/2011 ORAL ARGUMENT WEBCAST
3707/13/2011 DISPOSITION: REVERSED AND REMANDED
3807/13/2011 SPLIT OPINION: Crothers, Daniel John
3907/13/2011 (DISSENT): Sandstrom, Dale V.: DISSENT
4007/14/2011 Judgment Sent to Parties
4108/05/2011 MANDATE
4211/14/2011 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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