State v. Rai

Docket No. 20180244
Oral Argument: Tuesday, January 22, 2019 10:00 AM

Docket Info

Title
State of North Dakota, Plaintiff and Appellee
v.
Bhim Kumar Rai, Defendant and Appellant
Case Type
CRIMINAL APPEAL : SEXUAL OFFENSE
Appeal From
Case No. 2017-CR-04007
East Central Judicial District, Cass County
Wade L. Webb
2019 ND 71924 N.W.2d 410

Highlight

District court did not err in admitting lawfully obtained text message conversation from an undercover officer’s cell phone into evidence.

District court did not err in finding Miranda warnings were knowingly, voluntarily, and intelligently waived by defendant.

Defendant did not meet his burden of proof for N.D.R.Crim.P. Rule 29(a) motion for acquittal.

A rational fact-finder could find defendant failed to prove entrapment by a preponderance of the evidence.


Briefs

Filing Date Description
10/22/2018 APPELLANT BRIEF (PDF) View
11/09/2018 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLANT COURT APPOINTED Kiara Costa Kraus-Parr - 06688
APPELLEE ASST. STATE'S ATTORNEY Reid Alan Brady - 05696

(Note: Attachments may not be available for recently filed cases and/or confidential documents.)

Seq. # Filing Date Description Attachment
1 06/13/2018 NOTICE OF APPEAL : 06/13/2018
2 06/13/2018 ORDER FOR TRANSCRIPT : 06/14/2018
3 06/14/2018 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
4 06/14/2018 Notice served on Laura L. Reynolds and Reid A. Brady
5 07/12/2018 ELEC. RECORD ON APPEAL DATED JULY 11, 2018 (ENTRY NOS. 1 - 66, 68 - 84) RECEIVED EVENT #24 (DVD) &
6 07/12/2018 RECEIVED EVENT #67 (CD)
7 07/27/2018 Electronic Transcript dated February 20, 2018 & C.O.S.
8 08/06/2018 Electronic Transcript dated June 11, 2018 & C.O.S.
9 08/13/2018 ELECTRONIC TRANSCRIPTS DATED MAY 8, 2018, MAY 9, 2018, MAY 10, 2018 & C.O.S.
10 09/14/2018 Kiara Costa Kraus-Parr appointed to represent Appellant.
11 09/17/2018 1ST ELEC. SUPP. RECORD ON APPEAL DATED SEPTEMBER 14, 2018 (ENTRY NOS. 85-86)
12 09/18/2018 MOT. EXT/TIME APPELLANT BRIEF
13 09/18/2018 ACTION BY CLERK - Granted : 10/22/2018
14 10/22/2018 APPELLANT BRIEF (PDF) View
15 10/22/2018 E-FILED BRIEF (PDF)
16 10/22/2018 APPELLANT APPENDIX
17 10/22/2018 E-FILED APPENDIX
18 10/25/2018 Rec'd c.o.s. of ATB & ATA on indigent appellant
19 10/25/2018 Rec'd $25 e-filing surcharge for ATB (receipt #26682)
20 10/26/2018 Rec'd 6 copies of ATB & ATA from CSD
21 11/09/2018 APPELLEE BRIEF View
22 11/09/2018 E-FILED BRIEF
23 11/13/2018 Rec'd 6 copies of AEB from CSD
24 11/16/2018 Rec'd $25 e-filing surcharge for AEB (receipt #26727)
25 12/17/2018 NOTICE OF ORAL ARGUMENT SENT
26 01/22/2019 APPEARANCES: Kiara Kraus-Parr/Reid Brady
27 01/22/2019 ARGUED: Kraus-Parr/Brady
28 01/22/2019 ORAL ARGUMENT WEBCAST
29 03/13/2019 DISPOSITION
30 03/13/2019 UNANIMOUS OPINION : VandeWalle, Gerald W. View
31 03/15/2019 Judgment Sent to Parties
32 04/04/2019 MANDATE
33 04/08/2019 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE