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: Sexual Offense
Counsel:
Appellant: Kent M. Morrow
Appellee: Brian David Grosinger , Asst. State's Attorney
Term: 01/2013   Argument: 01/10/2013  Waived
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:
108/22/2012 NOTICE OF APPEAL: 08/22/2012
208/22/2012 ORDER FOR TRANSCRIPT: 08/22/2012
308/23/2012 Acknowledgment of OTR from Britta Helland
409/24/2012 ELEC. RECORD ON APPEAL DATED 09/21/2012 (ENTRY NOS.1-3, 6-47)(ENTRY NOS.4 & 5 deleted)
510/03/2012 AMENDED ELEC. RECORD ON APPEAL DATED 10/03/2012 (ENTRY NOS.1-3, 6-11, 13-48) (ENTRY NOS. 4, 5,
610/03/2012 and 12 Documents were filed in wrong case and were deleted)
710/09/2012 TRANSCRIPTS DATED JUNE 7, 2012, AUGUST 14, 2012, & C.O.S.
810/09/2012 DISK-tra (6/7/12 & 8/14/12) e-mailed
911/19/2012 APPELLANT BRIEF
1011/19/2012 E-FILED BRIEF
1111/19/2012 APPELLANT APPENDIX
1211/19/2012 E-FILED APPENDIX
1311/19/2012 Received $25 surcharge for ATB (receipt #21588)
1411/23/2012 Received 7 copies of ATB from CSD.
1511/23/2012 Received 6 copies of ATA from CSD.
1612/18/2012 NOTICE OF ORAL ARGUMENT SENT
1712/18/2012 APPELLEE BRIEF
1812/18/2012 DISK - AEB
1912/31/2012 REQUEST TO WAIVE ORAL ARGUMENT BY APPELLANT
2012/31/2012 E-FILED MOTION
2112/31/2012 ACTION BY SUPREME COURT (REQUEST TO WAIVE ORAL ARGUMENT BY APPELLANT). Granted
2212/31/2012 REQUEST TO WAIVE ORAL ARGUMENT BY APPELLEE
2312/31/2012 E-FILED MOTION
2412/31/2012 ACTION BY SUPREME COURT. Granted
2501/10/2013 APPEARANCES: Waived under N.D.R.App.P. 34(f)
2601/10/2013 ARGUED: Waived
2701/23/2013 DISPOSITION: AFFIRMED BY SUMMARY DISP.
2801/23/2013 UNANIMOUS OPINION: Per Curiam
2901/24/2013 Judgment Sent to Parties
3003/01/2013 MANDATE
3103/04/2013 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 11/21/2014