State v. Vondal

20100389 State of North Dakota, Plaintiff and Appellee
v.
Johnathan Scott Vondal, Defendant and Appellant

Appeal from: District Court, Northeast Central Judicial District, Grand Forks County
Judge Sonja Clapp
Nature of Action: Assault
Counsel:
Appellant: Robin Lynn Thompson Gordon
Appellee: Meredith Huseby Larson , Asst. State's Attorney
Term: 06/2011   Argument: 06/01/2011  1:30pm
ND cite: 2011 ND 186
NW cite: 803 N.W.2d 578

Listen to recording of oral argument in MP3 format

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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Docket entries:
112/10/2010 NOTICE OF APPEAL: 12/07/2010
212/10/2010 ORDER FOR TRANSCRIPT: 12/07/2010
312/10/2010 This case is consolidated w/20100390. Make all docket entries, except ROA, DIS, & MAN
412/10/2010 codes, in this case.
512/13/2010 Acknowledgment of OTR & RETENTION OF RECORD ON APPEAL: 01/26/2011
601/26/2011 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.
701/26/2011 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
801/28/2011 DISK-TRA (9/2/10) E-MAILED
902/23/2011 MOT. EXT/TIME APPELLANT BRIEF (e-filed)
1002/23/2011 E-FILED MOTION (Mot/Ext/ATB)
1102/23/2011 ACTION BY CLERK (MAT). Granted: 04/06/2011
1202/28/2011 ELECTRONIC RECORD ON APPEAL (ENTRY NOS. 1-78) #58 CASSETTE TAPE & #60 CD WERE PHYSICALLY REC'D.
1303/31/2011 Received $25.00 e-filing surcharge for ATB (Receipt #20242).
1404/05/2011 APPELLANT BRIEF (e-filed)
1504/05/2011 E-FILED BRIEF (ATB)
1604/05/2011 APPELLANT APPENDIX (FAXED)
1704/05/2011 E-FILED APPENDIX (ATA) FAXED
1804/07/2011 Received corrections to ATB.
1904/08/2011 Received 7 copies of ATB from Central Duplicating.
2004/08/2011 Received 6 copies of ATA from Central Duplicating.
2105/05/2011 APPELLEE BRIEF
2205/05/2011 E-FILED BRIEF - AEB
2305/05/2011 APPELLEE APPENDIX
2405/05/2011 E-FILED APPENDIX - AEB
2505/09/2011 Received $25.00 AEB surcharge. (receipt no. 20301)
2605/11/2011 Received 7 copies of AEB from Central Duplicating.
2705/11/2011 Received 6 copies of AEA from Central Duplicating.
2805/19/2011 REPLY BRIEF (e-filed)
2905/19/2011 E-FILED BRIEF (RYB)
3005/20/2011 NOTICE OF ORAL ARGUMENT SENT
3105/20/2011 Received 7 copies of RYB from Central Duplicating.
3206/01/2011 APPEARANCES: Robin L. Thompson Gordon; Meredith H. Larson; M. Jason McCarthy
3306/01/2011 ARGUED: Robin L. Thompson Gordon; Meredith H. Larson
3406/01/2011 ORAL ARGUMENT WEBCAST
3509/15/2011 DISPOSITION: AFFIRMED
3609/15/2011 UNANIMOUS OPINION: Crothers, Daniel John
3709/15/2011 Judgment Sent to Parties
3810/10/2011 MANDATE
3910/13/2011 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 10/31/2014