State v. Pena Garcia
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| 20110090 |
State of North Dakota, Plaintiff and Appellee
v.
Jose H. Pena Garcia, Defendant and Appellant
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| Appeal from: |
District Court,
Northeast Central Judicial District,
Grand Forks County
Judge Joel D. Medd |
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Nature of Action: |
Dui/Dus
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| Counsel: |
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| Term: |
10/2011 Argument: 10/26/2011
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| ND cite: |
2012 ND 11
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| 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 |