State v. Chase

20120332

State of North Dakota, Plaintiff and Appellee
v.
Jenelle Denise Chase, Defendant and Appellant

Appeal from:

District Court, South Central Judicial District, Morton County
Judge Cynthia Feland

Nature of Action:

Counsel:

Appellant:		Kent M. Morrow
Appellee:		Brian David Grosinger , Asst. State's Attorney

Term:

01/2013 Argument: 01/10/2013 04:00pm

ND cite:

2013 ND 6

NW cite:

828 N.W.2d 546

Issues:

Appellant's Statement of the Issues:
1. In order to convict Chase of Continuous Sexual Abuse of a child, is the State required to prove beyond a reasonable doubt at least three specific acts on three specific dates?
2. Is the requirement that the jury not be required to unanimously agree which acts or contacts occurred in violation of Chase's Sixth Amendment right to jury unanimity?

Appellee's Statement of the Issues:
1. Whether to sustain a conviction for Continuous Sexual Abuse of a Child per Section 12.1-20-03.1 N.C.C.C. the State is required to prove three specific acts on three specific dates.
2. Whether to sustain a conviction for Continuous Sexual Abuse of a Child the Jury is required to find the same act unanimously.

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Docket entries:

1	08/22/2012	NOTICE OF APPEAL: 08/22/2012
2	08/22/2012	ORDER FOR TRANSCRIPT: 08/22/2012
3	08/23/2012	Acknowledgment of OTR from Britta Helland
4	09/24/2012	ELEC. RECORD ON APPEAL DATED 09/21/2012 (ENTRY NOS.1-3, 6-47)(ENTRY NOS.4 & 5 deleted)
5	10/03/2012	AMENDED ELEC. RECORD ON APPEAL DATED 10/03/2012 (ENTRY NOS.1-3, 6-11, 13-48) (ENTRY NOS. 4, 5,
6	10/03/2012	and 12 Documents were filed in wrong case and were deleted)
7	10/09/2012	TRANSCRIPTS DATED JUNE 7, 2012, AUGUST 14, 2012, & C.O.S.
8	10/09/2012	DISK-tra (6/7/12 & 8/14/12) e-mailed
9	11/19/2012	APPELLANT BRIEF
10	11/19/2012	E-FILED BRIEF
11	11/19/2012	APPELLANT APPENDIX
12	11/19/2012	E-FILED APPENDIX
13	11/19/2012	Received $25 surcharge for ATB (receipt #21588)
14	11/23/2012	Received 7 copies of ATB from CSD.
15	11/23/2012	Received 6 copies of ATA from CSD.
16	12/18/2012	NOTICE OF ORAL ARGUMENT SENT
17	12/18/2012	APPELLEE BRIEF
18	12/18/2012	DISK - AEB
19	12/31/2012	REQUEST TO WAIVE ORAL ARGUMENT BY APPELLANT
20	12/31/2012	E-FILED MOTION
21	12/31/2012	ACTION BY SUPREME COURT (REQUEST TO WAIVE ORAL ARGUMENT BY APPELLANT). Granted
22	12/31/2012	REQUEST TO WAIVE ORAL ARGUMENT BY APPELLEE
23	12/31/2012	E-FILED MOTION
24	12/31/2012	ACTION BY SUPREME COURT. Granted
25	01/10/2013	APPEARANCES: Waived under N.D.R.App.P. 34(f)
26	01/10/2013	ARGUED: Waived
27	01/23/2013	DISPOSITION: AFFIRMED BY SUMMARY DISP.
28	01/23/2013	UNANIMOUS OPINION: Per Curiam
29	01/24/2013	Judgment Sent to Parties
30	03/01/2013	MANDATE
31	03/04/2013	RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 06/19/2013