State v. Aabrekke
State of North Dakota, Plaintiff and Appellee
Ivan Lee Aabrekke, Defendant and Appellant
Northeast Judicial District,
Judge Donovan John Foughty
|Nature of Action:||Sexual Offense|
|Term:||02/2011  Argument: 02/04/2011|
|ND cite:||2011 ND 131|
800 N.W.2d 284
Listen to recording of oral argument in MP3 format
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.
|Add Docket 20100170 RSS|
|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|
|42||11/14/2011 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|