State v. Vondal
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| 20100389 |
State of North Dakota, Plaintiff and Appellee
v.
Johnathan Scott Vondal, Defendant and Appellant
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| Appeal from: |
District Court,
Northeast Central Judicial District,
Grand Forks County
Judge Sonja Clapp |
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Nature of Action: |
Assault
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| Counsel: |
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| Term: |
06/2011 Argument: 06/01/2011 01:30pm
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| ND cite: |
2011 ND 186
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| NW cite: |
803 N.W.2d 578
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| Issues: |
Appellant's Statement of the Issues:
1. Whether obvious error affecting Vondal's constitutional rights was committed by allowing Vondal to be prosecuted as an adult for Continuous Sexual Abuse of a Child regarding sexual contacts or acts that were allegedly committed while Vondal was
less than fourteen years of age?
2. Whether various instances of prosecutorial misconduct violated Vondal's due process rights, including his right to a fair trial and his right to sufficient notice of the elements of a crime for which he's been charged?
3. Whether law enforcement violated Vondal's rights by not following 14-07.1-10(2), N.D.C.C. in establishing probable cause before arresting Vondal for Aggravated Assault?
4. Whether the District Court abused its discretion and violated Vondal's sixth amendment rights by not allowing testimony about B.'s out-of-court statements about B.'s state of mind with regard to the timing of her allegations of sexual abuse and
her unwillingness to admit showing any aggression in relation to the December 22, 2009 conflict?
5. Whether the District Court erred by denying Vondal's Rule 29 motions for acquittal regarding the state not providing sufficient evidence to support guilty verdicts on the charges of Aggravated Assault and Continuous Sexual Abuse of a Child?
Appellee's Statement of the Issues:
I. Whether it was obvious error to include in the charges acts the Defendant committed prior to the age of fourteen (14) but not discovered until after the age of twenty (20) in District Court pursuant to N.D.C.C. 27-20-34(8)?
II. Whether the Defendant's Due Process rights were violated during trial?
III. Whether there was probable cause to arrest the Defendant?
IV. Whether the District Court abused its discretion in prohibiting irrelevant and prejudicial character evidence about the juvenile victim?
V. Whether the District Court erred in denying the Defendant's Rule 29(a) Motion for Judgment of Acquittal?
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| 1 | | 12/10/2010 | |
NOTICE OF APPEAL: 12/07/2010 |
| 2 | | 12/10/2010 | |
ORDER FOR TRANSCRIPT: 12/07/2010 |
| 3 | | 12/10/2010 | |
This case is consolidated w/20100390. Make all docket entries, except ROA, DIS, & MAN |
| 4 | | 12/10/2010 | |
codes, in this case. |
| 5 | | 12/13/2010 | |
Acknowledgment of OTR & RETENTION OF RECORD ON APPEAL: 01/26/2011 |
| 6 | | 01/26/2011 | |
TRANSCRIPTS DATED 3/19/10, 5/17/10, 8/23/10, 8/31/10, 9/1/10, 9/2/10, 9/3/10, 11/16/10 & C.O.S. |
| 7 | | 01/26/2011 | |
DISK-TRA (3/19/10, 5/17/10, 8/23/10, 8/31/10, 9/1/10, 9/3/10, 11/16/10) E-MAILED |
| 8 | | 01/28/2011 | |
DISK-TRA (9/2/10) E-MAILED |
| 9 | | 02/23/2011 | |
MOT. EXT/TIME APPELLANT BRIEF (e-filed) |
| 10 | | 02/23/2011 | |
E-FILED MOTION (Mot/Ext/ATB) |
| 11 | | 02/23/2011 | |
ACTION BY CLERK (MAT). Granted: 04/06/2011 |
| 12 | | 02/28/2011 | |
ELECTRONIC RECORD ON APPEAL (ENTRY NOS. 1-78) #58 CASSETTE TAPE & #60 CD WERE PHYSICALLY REC'D. |
| 13 | | 03/31/2011 | |
Received $25.00 e-filing surcharge for ATB (Receipt #20242). |
| 14 | | 04/05/2011 | |
APPELLANT BRIEF (e-filed) |
| 15 | | 04/05/2011 | |
E-FILED BRIEF (ATB) |
| 16 | | 04/05/2011 | |
APPELLANT APPENDIX (FAXED) |
| 17 | | 04/05/2011 | |
E-FILED APPENDIX (ATA) FAXED |
| 18 | | 04/07/2011 | |
Received corrections to ATB. |
| 19 | | 04/08/2011 | |
Received 7 copies of ATB from Central Duplicating. |
| 20 | | 04/08/2011 | |
Received 6 copies of ATA from Central Duplicating. |
| 21 | | 05/05/2011 | |
APPELLEE BRIEF |
| 22 | | 05/05/2011 | |
E-FILED BRIEF - AEB |
| 23 | | 05/05/2011 | |
APPELLEE APPENDIX |
| 24 | | 05/05/2011 | |
E-FILED APPENDIX - AEB |
| 25 | | 05/09/2011 | |
Received $25.00 AEB surcharge. (receipt no. 20301) |
| 26 | | 05/11/2011 | |
Received 7 copies of AEB from Central Duplicating. |
| 27 | | 05/11/2011 | |
Received 6 copies of AEA from Central Duplicating. |
| 28 | | 05/19/2011 | |
REPLY BRIEF (e-filed) |
| 29 | | 05/19/2011 | |
E-FILED BRIEF (RYB) |
| 30 | | 05/20/2011 | |
NOTICE OF ORAL ARGUMENT SENT |
| 31 | | 05/20/2011 | |
Received 7 copies of RYB from Central Duplicating. |
| 32 | | 06/01/2011 | |
APPEARANCES: Robin L. Thompson Gordon; Meredith H. Larson; M. Jason McCarthy |
| 33 | | 06/01/2011 | |
ARGUED: Robin L. Thompson Gordon; Meredith H. Larson |
| 34 | | 06/01/2011 | |
ORAL ARGUMENT WEBCAST |
| 35 | | 09/15/2011 | |
DISPOSITION: AFFIRMED |
| 36 | | 09/15/2011 | |
UNANIMOUS OPINION: Crothers, Daniel John |
| 37 | | 09/15/2011 | |
Judgment Sent to Parties |
| 38 | | 10/10/2011 | |
MANDATE |
| 39 | | 10/13/2011 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |