State v. Doll

20110097 State of North Dakota, Plaintiff and Appellee
v.
Macintosh George Doll, Defendant and Appellant

Appeal from: District Court, South Central Judicial District, Burleigh County
Judge David E. Reich
Nature of Action: Sexual Offense
Counsel:
Appellant: Steven Balaban
Appellee: Lloyd Clayton Suhr , Asst. State's Attorney
Term: 12/2011   Argument: 12/01/2011  Waived
ND cite: 2012 ND 32
NW cite: 812 N.W.2d 381


Issues: Appellant's Statement of the Issues:
I. Was there sufficient evidence to sustain Doll's convictions?
II. Did Doll receive a fair trial, as the District Court did not sever the trial from that of the codefendant?
III. Was the testimony of Ellen Schafer unfairly prejudicial and improper as she was not the individual conducting the exam of S.H.?
IV. Did Doll receive a fair trial, as the District Court refused to enforce the sequestration of witnesses ordered?

Appellee's Statement of the Issues:
I.Whether there was sufficient evidence to support the jury's verdict?
II.Whether Doll was deprived a fair trial?

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Docket entries:
104/08/2011 NOTICE OF APPEAL: 04/06/2011
204/08/2011 ORDER FOR TRANSCRIPT: 04/06/2011
304/08/2011 Acknowledgment of OTR & RETENTION OF RECORD ON APPEAL: 05/26/2011
405/26/2011 TRANSCRIPTS DATED April 19, 2010; May 17, 2010; January 6, 2011; January 7, 2011; January 10, 2011;
505/26/2011 & March 24, 2011 (6 volumes) and C.O.S.
605/26/2011 DISK - tra (4/19/10; 5/17/10; 1/6/11; 1/7/11; 1/10/11; & 3/24/11) (e-mailed & disk for 3-24-11)
706/07/2011 Electronic RECORD ON APPEAL (entry nos. 1-94)
807/05/2011 MOT. EXT/TIME APPELLANT BRIEF & Brief/Support (e-filed)
907/05/2011 E-FILED MOTION (Mot/Ext/ATB)
1007/05/2011 ACTION BY CHIEF JUSTICE (Mot/Ext/ATB). Granted: 08/19/2011
1108/19/2011 APPELLANT BRIEF (e-filed)
1208/19/2011 E-FILED BRIEF (ATB)
1308/19/2011 APPELLANT APPENDIX (E-filed)
1408/19/2011 E-FILED APPENDIX (ATA)
1508/22/2011 Received $25 surcharge for ATB (Receipt #20626)
1608/23/2011 Received 7 copies of ATB from CSD
1708/23/2011 Received 6 copies of ATA from CSD
1809/16/2011 Corrected pages for ATB (Corrected Statement of Case & additional page with Statement of Facts)
1909/23/2011 Corrected Table of Contents for ATB
2009/23/2011 MOT. EXT/TIME APPELLEE BRIEF (sua sponte due to corrected ATB to include Statement of Facts)
2109/23/2011 ACTION BY Chief Deputy CLERK (MAE - sua sponte due to corrected ATB for addition of Statement of. Granted: 10/16/2011
2209/23/2011 Facts for ATB)
2310/14/2011 APPELLEE BRIEF
2410/14/2011 DISK-AEB (E-MAILED)
2511/16/2011 NOTICE OF ORAL ARGUMENT SENT
2612/01/2011 NOTIFICATION OF NON-APPEARANCE OF APPELLANT'S COUNSEL DUE TO ILLNESS
2712/01/2011 REQUEST TO WAIVE ARGUMENT BY THE STATE
2812/01/2011 ACTION BY SUPREME COURT. Granted
2912/01/2011 APPEARANCES: Waived under N.D.R.App.P. 34(e) and (f)
3012/01/2011 ARGUED: Waived
3102/17/2012 DISPOSITION: AFFIRMED
3202/17/2012 UNANIMOUS OPINION: Crothers, Daniel John
3302/17/2012 (CONCUR IN THE RESULT): Sandstrom, Dale V.: CON/RES
3402/22/2012 Judgment Sent to Parties
3503/15/2012 MANDATE
3605/07/2012 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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