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 1:30pm
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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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using RealPlayer Basic,© a free download.
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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 |