State v. Chacano
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| 20120187 |
State of North Dakota, Plaintiff and Appellee
v.
Vicente Erasno Chacano, Defendant and Appellant
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| Appeal from: |
District Court,
East Central Judicial District,
Cass County
Judge Steven E. McCullough |
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Nature of Action: |
Misc. Statutory Offense (Felony)
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| Counsel: |
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| Term: |
10/2012 Argument: 10/29/2012 01:30pm
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| ND cite: |
2013 ND 8
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| NW cite: |
826 N.W.2d 294
Listen to recording of oral argument
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| Issues: |
Appellant's Statement of the Issues:
The trial court erred in permitting the audio tape into evidence;
Was it prosecutorial misconduct for the prosecutor to state during closing argument that the defendant's testimony was a lie;
Vincente Chacano's convictions should be reversed because the evidence is insufficient to sustain the guilty verdicts.
Appellee's Statement of the Issues:
I.Whether the courtroom audio recording of Chacano's attack was admissible?
II.Whether the prosecution's closing argument was improper, prejudicial, and obvious error?
III. Whether there was sufficient evidence to convict Chacano of attempting to murder Assistant Attorney General Jonathan Byers and Adams County Sheriff Eugene Molbert?
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| 1 | | 04/09/2012 | |
NOTICE OF APPEAL (filed by Robert N. Quick): 04/09/2012 |
| 2 | | 04/09/2012 | |
ORDER FOR TRANSCRIPT: 04/09/2012 |
| 3 | | 04/10/2012 | |
Notice of Assignment of Mark T. Blumer as counsel for Appellant |
| 4 | | 05/10/2012 | |
ELEC. RECORD ON APPEAL (ENTRY NOS.1-55,62-94,& separates 56& 57-CD's) not recieved 58-61 |
| 5 | | 05/16/2012 | |
Transcripts dated 02/07/2012, 02/08/2012, and 02/09/2012 & C.O.S. |
| 6 | | 05/16/2012 | |
DISK-TRA's dated 02/07/2012, 02/08/2012, 02/09/2012 (E-Mailed) |
| 7 | | 05/21/2012 | |
TRANSCRIPT DATED 8/25/11; 12/21/11; 3/8/12; 3/29/12 & C.O.S. |
| 8 | | 05/21/2012 | |
DISK - TRA 8/25/11; 12/21/11; 3/8/12; 3/29/12 (e-mailed) |
| 9 | | 06/12/2012 | |
ELEC. SUPP. RECORD ON APPEAL DATED 06/11/2012 (ENTRY NOS.95-96) |
| 10 | | 06/27/2012 | |
MOT. EXT/TIME APPELLANT BRIEF |
| 11 | | 06/27/2012 | |
E-FILED MOTION |
| 12 | | 06/27/2012 | |
ACTION BY CHIEF DEPUTY CLERK. Granted: 08/01/2012 |
| 13 | | 07/31/2012 | |
APPELLANT BRIEF |
| 14 | | 07/31/2012 | |
E-FILED BRIEF |
| 15 | | 07/31/2012 | |
APPELLANT APPENDIX |
| 16 | | 07/31/2012 | |
E-FILED APPENDIX |
| 17 | | 08/02/2012 | |
Received $25 surcharge for ATB (Receipt #21281) |
| 18 | | 08/06/2012 | |
Received 7 copies of ATB from CSD |
| 19 | | 08/06/2012 | |
Received 6 copies of ATA from CSD |
| 20 | | 08/13/2012 | |
Certificate of Service of ATB & ATA on Appellant Vincente Chacano from Mark T. Blumer |
| 21 | | 08/30/2012 | |
APPELLEE BRIEF |
| 22 | | 08/30/2012 | |
DISK-AEB (e-mailed) |
| 23 | | 09/17/2012 | |
NOTICE OF ORAL ARGUMENT SENT |
| 24 | | 10/29/2012 | |
Request for Radio/TV Coverage |
| 25 | | 10/29/2012 | |
ACTION BY CLERK (KVRR-TV approved). Granted |
| 26 | | 10/29/2012 | |
APPEARANCES: Mark Blumer/Jackson Lofgren and Brian Grosinger |
| 27 | | 10/29/2012 | |
ARGUED: Blumer/Lofgren |
| 28 | | 01/23/2013 | |
DISPOSITION: AFFIRMED |
| 29 | | 01/23/2013 | |
SPLIT OPINION: Kapsner, Carol Ronning |
| 30 | | 01/23/2013 | |
Concurring specially: Sandstrom, Dale V.: CONCUR |
| 31 | | 01/24/2013 | |
Judgment Sent to Parties |
| 32 | | 02/06/2013 | |
PETITION FOR REHEARING |
| 33 | | 02/06/2013 | |
E-FILED BRIEF |
| 34 | | 02/11/2013 | |
Rcv'd 7 copies of PER from CSD |
| 35 | | 02/26/2013 | |
ACTION BY SUPREME COURT. Denied |
| 36 | | 03/14/2013 | |
MANDATE |
| 37 | | 03/22/2013 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |