State v. Wisham

20120355 State of North Dakota, Plaintiff and Appellee
v.
Derek Wisham, Defendant and Appellant

Appeal from: District Court, South Central Judicial District, Morton County
Judge Bruce A. Romanick
Nature of Action: Misc. Statutory Off. (Misdemeanor)
Counsel:
Appellee: Jackson John Lofgren , Asst. State's Attorney
Appellant: Mark Taylor Blumer
Term: 02/2013   Argument: 02/27/2013  Waived
ND cite: 2013 ND 44
NW cite: 832 N.W.2d 334


Issues: Appellant's Statement of the Issues:
Issue 1: Derek Wisham's convictions should be reversed because the evidence is insufficient to sustain the guilty verdicts.
Issue 2: N.D.C.C. Sect. 14-10-06 is unconstitutional.

Appellee's Statement of the Issues:
Issue 1: Whether the testimony of two juvenile girls and a police officer was sufficient to convict Wisham of two counts of contributing to the deprivation or delinquency of a minor?
Issue 2: Whether North Dakota can set a minimum drinking age, does Wisham have standing to challenge it, and can he bring his argument for the first time on appeal?

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Docket entries:
109/19/2012 NOTICE OF APPEAL: 09/19/2012
209/24/2012 ORDER FOR TRANSCRIPT: 09/24/2012
309/24/2012 SECOND NOTICE OF APPEAL FILED IN THE TRIAL COURT ON 9/24/12
409/25/2012 Assignment of counsel Mark Blumer
509/27/2012 Admission of Service of Order for Transcript by Lisa Soma, Court Reporter
610/17/2012 ELEC. RECORD ON APPEAL DATED 10/16/2012 (ENTRY NOS.1-39)
710/23/2012 1st ELEC. SUPP. RECORD ON APPEAL DATED 10/23/2012 (ENTRY NOS.1-41)
810/25/2012 2nd ELEC. SUPP. RECORD ON APPEAL DATED October 24, 2012 (ENTRY NOS. 42-43)
910/30/2012 TRANSCRIPT DATED SEPTEMBER 7, 2012, & C.O.S.
1010/30/2012 DISK-TRA (9/7/12) E-MAILED
1112/10/2012 APPELLANT BRIEF
1212/10/2012 E-FILED BRIEF
1312/10/2012 APPELLANT APPENDIX
1412/10/2012 E-FILED APPENDIX
1512/14/2012 received $25 surcharge for ATB (receipt #21619)
1612/17/2012 Received proof of service of ATB and ATA on Mr. Wisham
1709/20/2012 Received 7 copies of ATB from CSD
1809/20/2012 Received 6 copies of ATA from CSD
1901/03/2013 APPELLEE BRIEF
2001/02/2013 DISK (aeb) CD Rom
2101/07/2013 Received proof of service by mail for Mr. Blumer for the AEB
2201/14/2013 REQUEST TO WAIVE ORAL ARGUMENT BY APPELLANT
2301/14/2013 E-FILED MOTION
2401/24/2013 NOTICE OF ORAL ARGUMENT SENT
2501/25/2013 ACTION BY SUPREME COURT (REQUEST TO WAIVE OA BY APPELLANT). Granted
2601/25/2013 S.CT. DETERMINED ORAL ARGUMENT NOT NECESSARY
2702/27/2013 APPEARANCES: Appellant waived under N.D.R.App.34(f), Appellee waived under N.D.R.App.P. 34(a)(2)
2802/27/2013 ARGUED: Waived
2904/04/2013 DISPOSITION: AFFIRMED BY SUMMARY DISP.
3004/04/2013 UNANIMOUS OPINION: Per Curiam
3104/05/2013 Judgment Sent to Parties
3205/01/2013 MANDATE
3305/02/2013 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 12/19/2014