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:
Appellant: David Neil Ogren
Appellee: Carmell Faye Mattison , Asst. State's Attorney
Term: 10/2011   Argument: 10/26/2011  1:30pm
ND cite: 2012 ND 11
NW cite: 812 N.W.2d 328

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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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Docket entries:
104/05/2011 NOTICE OF APPEAL: 03/30/2011
204/05/2011 ORDER FOR TRANSCRIPT: 03/30/2011
305/10/2011 ELECTRONIC RECORD ON APPEAL (Images 1-40)
405/16/2011 TRANSCRIPT DATED MARCH 1, 2011, & C.O.S.
505/16/2011 DISK-TRA (3/1/11) E-MAILED
605/24/2011 1st Supplemental Clerk's Certificate of Appeal dated May 23, 2011 (Entry No. 42). Entry Nos. 41 &
705/24/2011 43 are Clerk's Certificates.
806/15/2011 APPELLANT BRIEF (e-filed)
906/15/2011 E-FILED BRIEF (ATB)
1006/15/2011 APPELLANT APPENDIX (e-filed)
1106/15/2011 E-FILED APPENDIX (ATA)
1206/16/2011 Received 7 copies of ATB from Central Duplicating.
1306/16/2011 Received 6 copies of ATA from Central Duplicating.
1407/06/2011 Received notice of IDB payment - $25.00 surcharge for ATB
1507/12/2011 APPELLEE BRIEF (e-filed) PDF
1607/12/2011 E-FILED BRIEF (AEB) PDF
1707/14/2011 Received $25 e-filing surcharge for AEB (Receipt #20554).
1807/14/2011 Received written consent of Peter D. Welte for 3rd year Jennifer Albaugh.
1907/15/2011 Received 7 copies of AEB from Central Duplicating.
2007/15/2011 REPLY BRIEF (e-filed)
2107/15/2011 E-FILED BRIEF (RYB)
2207/18/2011 Received 7 copies of RYB from Central Duplicating.
2309/02/2011 NOTICE OF ORAL ARGUMENT SENT
2410/26/2011 APPEARANCES: David N. Ogren/Carmell F. Mattison, Asst. State's Attorney
2510/26/2011 ARGUED: Ogren/Mattison
2610/26/2011 ORAL ARGUMENT WEBCAST
2701/12/2012 DISPOSITION: AFFIRMED
2801/12/2012 UNANIMOUS OPINION: VandeWalle, Gerald W.
2901/13/2012 Judgment Sent to Parties
3002/03/2012 MANDATE
3105/09/2012 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 04/18/2014