State v. Holly

20120324 State of North Dakota, Plaintiff and Appellee
v.
John Joseph Holly, Defendant and Appellant

Appeal from: District Court, Northwest Judicial District, Ward County
Judge William W. McLees
Nature of Action: Drugs/Contraband
Counsel:
Appellant: Eric Paul Baumann
Appellee: Sean Bradley Kasson , Asst. State's Attorney
Term: 01/2013   Argument: 01/07/2013  9:00am
ND cite: 2013 ND 94
NW cite: 833 N.W.2d 15

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
I. Whether the trial court erred in denying defendant's Motion to Suppress and Supplemental Motion to Suppress.
II. Whether the trial court erred in denying defendant's Motion for Judgment of acquittal and in finding Holly guilty.
III. Whether the trial court erred in finding Holly guilty of class "c" felony possession of marijauana in an amount more than one ounce as a lesser included offense of the charge of possession of mariajuana with intent to deliver.

Appellee's Statement of the Issues:
I. Was there was sufficient competent evidence presented supporting the District Court's decision to deny Appellant's motion to suppress and supplemental motion to suppress and was the District Court's decision contrary to the manifest weight of the evidence?
II. When viewing the evidence most favorable to the verdict and all reasonable inferences drawn from the evidence, is Appellant able to show evidence that there is no reasonable inference of guilt?
III. Does the District Court, when conducting a bench trial, have authority to sua sponte consider a lesser included offense when supporting evidence has been presented?

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Docket entries:
108/15/2012 NOTICE OF APPEAL: 08/15/2012
208/15/2012 ORDER FOR TRANSCRIPT: 08/15/2012
309/17/2012 ELEC. RECORD ON APPEAL DATED 9/14/2012 (ENTRY NOS.1-128)
410/01/2012 TRANSCRIPT DATED 2/9/11; 2/11/11; 3/17/11; 8/3/11 (B.W.); 8/3/11 (P.C.);
510/01/2012 9/9/11; 10/3/11; 10/5/11; 4/5/12; 4/26/12; 5/3/12; 5/18/12; & 7/18/12 (13 vols.) & C.O.S.
610/01/2012 DISK - tra (2/9/11; 2/11/11; 3/17/11; 8/3/11 (B.W.); 8/3/11 (P.C.);
710/01/2012 9/9/11; 10/3/11; 10/5/11; 4/5/12; 4/26/12; 5/3/12; 5/18/12; & 7/18/12 (e-mailed)
811/08/2012 APPELLANT BRIEF
911/08/2012 E-FILED BRIEF
1011/08/2012 APPELLANT APPENDIX
1111/08/2012 E-FILED APPENDIX
1211/13/2012 Proof of Service of ATB & ATA on Mr. Holly
1311/14/2012 Received 7 copies of ATB from Central Duplicating.
1411/14/2012 Received 6 copies of ATA from Central Duplicating.
1511/26/2012 E-filing surcharge for ATB paid thru inter-departmental billing
1612/13/2012 MOT. EXT/TIME APPELLEE BRIEF
1712/13/2012 ACTION BY CLERK. Granted: 12/12/2012
1812/12/2012 APPELLEE BRIEF
1912/12/2012 APPELLEE APPENDIX
2012/12/2012 DISK - AEB
2112/18/2012 NOTICE OF ORAL ARGUMENT SENT
2201/07/2013 APPEARANCES: Eric Baumann/Sean Kasson
2301/07/2013 ARGUED: Baumann/Kasson
2401/07/2013 ORAL ARGUMENT WEBCAST
2506/19/2013 DISPOSITION (AND REMANDED): AFFIRMED/PT, REVERSED/PT
2606/19/2013 SPLIT OPINION: Maring, Mary Muehlen
2706/19/2013 (CONCURRING IN PART AND DISSENTING IN PART): Crothers, Daniel John: CON/DIS
2806/19/2013 (DISSENTING): Sandstrom, Dale V.: DISSENT
2906/20/2013 Judgment Sent to Parties
3007/03/2013 PETITION FOR REHEARING (PDF)
3107/03/2013 E-FILED BRIEF (PDF)
3207/05/2013 Rcv'd 7 copies of PER from CSD
3307/18/2013 Denied Petition for Rehearing. Denied: 07/18/2013
3408/13/2013 MANDATE
3509/12/2013 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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