State v. Hamilton

20120375 State of North Dakota, Plaintiff and Appellee
v.
Adam Scott Hamilton, Defendant and Appellant

Appeal from: District Court, Northeast Central Judicial District, Grand Forks County
Judge Joel D. Medd
Nature of Action: Sexual Offense
Counsel:
Appellant: Blake Dylan Hankey
Appellee: Mark Jason McCarthy , Asst. State's Attorney
Appellant: Kelsey Lee Gentzkow
Term: 04/2013   Argument: 04/22/2013  9:30am
ND cite: 2013 ND 113
NW cite: 837 N.W.2d 159

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Issues: Appellant's Statement of the Issues:
I. Whether the judge committed reversible error in accepting the defendant's guilty plea, where Mr. Hamilton did not enter his guilty plea knowingly and voluntarily because the plea colloquy did not comport with Rule 11(b)(1) in substantially advising him of his rights.
II. Whether the court committed reversible error in accepting the defendant's guilty plea, where no factual basis was admitted to under the terms of Rule 11(b)(3).

Appellee's Statement of the Issues:
I. Whether the district court committed obvious error when the Defendant was substantially advised his rights and the district court complied with Rule 11 of the North Dakota Rules of Criminal Procedure prior to accepting his plea of guilty?

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Docket entries:
110/09/2012 NOTICE OF APPEAL: 10/09/2012
210/09/2012 ORDER FOR TRANSCRIPT: 10/09/2012
311/05/2012 ELEC. RECORD ON APPEAL DATED NOVEMBER 5, 2012(ENTRY NOS.1-104) Deleted Items 11 & 13
411/13/2012 AMENDED ELEC. RECORD ON APPEAL DATED 11/13/12 (ENTRY NOS.1-10, 12, 14-105) DELETED NOS. 11 & 13
512/05/2012 Request for Transcripts filed 10-17-12, no new TRAs ordered
611/28/2012 MOT. EXT/TIME TRANSCRIPT
711/28/2012 ACTION BY TRIAL COURT. Granted: 12/10/2012
812/12/2012 MOT. EXT/TIME TRANSCRIPT
912/12/2012 ACTION BY TRIAL COURT. Granted: 12/21/2012
1012/21/2012 TRANSCRIPTS DATED May 24, 2012 and October 1, 2012 & C.O.S.
1112/21/2012 DISK of tras dated 5-24-12 and 10-1-12
1201/30/2013 APPELLANT BRIEF
1301/30/2013 E-FILED BRIEF
1401/30/2013 APPELLANT APPENDIX
1501/30/2013 E-FILED APPENDIX
1601/30/2013 Received $25 surcharge for ATB (Receipt #21684)
1712/14/2013 Received 7 copies of ATB from CSD
1812/14/2013 Received 6 copies of ATA from CSD
1902/26/2013 TRANSCRIPTS DATED DECEMBER 13, 2011 and FEBRUARY 21, 2012 & C.O.S.
2002/26/2013 DISK of tras dated 12/13/11 and 2/21/12
2103/01/2013 Notice of Certified Student Representation (Margaret Eyre)
2203/01/2013 APPELLEE BRIEF (PDF)
2303/01/2013 E-FILED BRIEF (PDF)
2403/01/2013 APPELLEE APPENDIX
2503/01/2013 E-FILED APPENDIX
2603/04/2013 Rcv'd $25 surcharge for AEB (Receipt #21723)
2703/06/2013 Rcv'd 7 copies of AEB from CSD
2803/06/2013 Rcv'd 6 copies of AEA from CSD
2903/18/2013 NOTICE OF ORAL ARGUMENT SENT
3004/22/2013 APPEARANCES: Blake D. Hankey; Kelsey Lee Gentzkow; Mark J. McCarthy
3104/22/2013 ARGUED: Blake D. Hankey; Mark J. McCarthy
3204/22/2013 ORAL ARGUMENT WEBCAST
3307/18/2013 DISPOSITION: AFFIRMED BY SUMMARY DISP.
3407/18/2013 UNANIMOUS OPINION: Per Curiam
3507/19/2013 Judgment Sent to Parties
3608/16/2013 MANDATE
3708/21/2013 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 04/24/2014