State v. Pena Garcia | |||||||
20110090 |
State of North Dakota, Plaintiff and Appellee
v. Jose H. Pena Garcia, Defendant and Appellant | ||||||
Appeal from: |
District Court,
Northeast Central Judicial District,
Grand Forks County
Judge Joel D. Medd | ||||||
Nature of Action: | Dui/Dus | ||||||
Counsel: |
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Term: | 10/2011  Argument: 10/26/2011 | ||||||
ND cite: | 2012 ND 11 | ||||||
NW cite: |
812 N.W.2d 328
Listen to recording of oral argument in MP3 format | ||||||
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Issues: |
Appellant's Statement of the Issues: Did the state's attorney engage in prosecutorial misconduct denying Mr. Pena Garcia of his due process rights when she improperly read case law to the jury during closing arguments? Appellee's Statement of the Issues: I.Whether the Defendant failed to adequately brief the issue for appeal by not including the applicable standard of review or citations to authorities to support Defendant's legal Argument, which are two elements required by the North Dakota Rules of Appellate Procedure. II.Whether the Assistant State's Attorney committed prosecutorial misconduct by stating North Dakota Supreme Court case law to the jury, when the statement was a fair and reasonable inference drawn from the evidence and was consistent with North Dakota's governing statutes, case law, and the instructions provided to the jury. | ||||||
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1 | 04/05/2011 NOTICE OF APPEAL: 03/30/2011 | |
2 | 04/05/2011 ORDER FOR TRANSCRIPT: 03/30/2011 | |
3 | 05/10/2011 ELECTRONIC RECORD ON APPEAL (Images 1-40) | |
4 | 05/16/2011 TRANSCRIPT DATED MARCH 1, 2011, & C.O.S. | |
5 | 05/16/2011 DISK-TRA (3/1/11) E-MAILED | |
6 | 05/24/2011 1st Supplemental Clerk's Certificate of Appeal dated May 23, 2011 (Entry No. 42). Entry Nos. 41 & | |
7 | 05/24/2011 43 are Clerk's Certificates. | |
8 | 06/15/2011 APPELLANT BRIEF (e-filed) | |
9 | 06/15/2011 E-FILED BRIEF (ATB) | |
10 | 06/15/2011 APPELLANT APPENDIX (e-filed) | |
11 | 06/15/2011 E-FILED APPENDIX (ATA) | |
12 | 06/16/2011 Received 7 copies of ATB from Central Duplicating. | |
13 | 06/16/2011 Received 6 copies of ATA from Central Duplicating. | |
14 | 07/06/2011 Received notice of IDB payment - $25.00 surcharge for ATB | |
15 | 07/12/2011 APPELLEE BRIEF (e-filed) PDF | |
16 | 07/12/2011 E-FILED BRIEF (AEB) PDF | |
17 | 07/14/2011 Received $25 e-filing surcharge for AEB (Receipt #20554). | |
18 | 07/14/2011 Received written consent of Peter D. Welte for 3rd year Jennifer Albaugh. | |
19 | 07/15/2011 Received 7 copies of AEB from Central Duplicating. | |
20 | 07/15/2011 REPLY BRIEF (e-filed) | |
21 | 07/15/2011 E-FILED BRIEF (RYB) | |
22 | 07/18/2011 Received 7 copies of RYB from Central Duplicating. | |
23 | 09/02/2011 NOTICE OF ORAL ARGUMENT SENT | |
24 | 10/26/2011 APPEARANCES: David N. Ogren/Carmell F. Mattison, Asst. State's Attorney | |
25 | 10/26/2011 ARGUED: Ogren/Mattison | |
26 | 10/26/2011 ORAL ARGUMENT WEBCAST | |
27 | 01/12/2012 DISPOSITION: AFFIRMED | |
28 | 01/12/2012 UNANIMOUS OPINION: VandeWalle, Gerald W. | |
29 | 01/13/2012 Judgment Sent to Parties | |
30 | 02/03/2012 MANDATE | |
31 | 05/09/2012 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |