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:

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

Listen to recording of oral argument in MP3 format

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:

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

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