State v. Krull
Docket Info
- Title
- State of North Dakota, Plaintiff and Appellee
v.
James Dean Krull, Defendant and Appellant - Case Type
- CRIMINAL APPEAL : SEXUAL OFFENSE
- Appeal From
-
Case No. 03-K-00319
Southeast Judicial District, Barnes County
Mikal Simonson
Highlight
If a defendant does not object at trial to the introduction of a child's hearsay statements regarding sexual abuse, our inquiry is limited to whether the admission into evidence constitutes obvious error affecting substantial rights.
A trial court abuses its discretion and commits plain error if, under N.D.R.Ev. 803(24), it admits a child's hearsay statements regarding sexual abuse without first making explicit findings regarding the reliability and trustworthiness of the statements. Merely quoting the terms of the hearsay rule and ordering the statements admitted is inadequate.
Even if a trial court commits plain error, for reversal, the error must have affected the defendant's substantial rights by altering the trial's outcome.
A defendant's inculpatory words are substantial evidence on which a rational jury can convict, particularly when such words are unrefuted.
Counsel
Party | Type | Name |
---|---|---|
APPELLEE | ASST. STATE'S ATTORNEY | H Jean Delaney - 04866 |
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
Seq. # | Filing Date | Description | Attachment |
---|---|---|---|
1 | 08/25/2004 | NOTICE OF APPEAL : 08/24/2004 | |
2 | 08/25/2004 | ORDER FOR TRANSCRIPT : 08/24/2004 | |
3 | 08/25/2004 | RETENTION OF RECORD ON APPEAL : 10/13/2004 | |
4 | 10/01/2004 | TRANSCRIPT DATED 2-2-04 (Vol. 1) and four TRANSCRIPTS dated 2-3-04 (Vol. II) and 1-27-04 (mot hrg.) | |
5 | 10/01/2004 | DISK (e-mailed copies of TRA dated 2-3-04 & TRA dated 1-27-04) | |
6 | 10/04/2004 | DISK (TRA dated 2-2-04) | |
7 | 10/13/2004 | RECORD ON APPEAL including separate exhibits, tapes, PSI, & transcript dated 5-3-04 | |
8 | 11/04/2004 | APPELLANT BRIEF & Affidavit of service by mail | View |
9 | 11/04/2004 | APPELLANT APPENDIX | |
10 | 11/05/2004 | Key to ATB & ATA (Confidential) | |
11 | 11/05/2004 | DISK - ATB | |
12 | 11/30/2004 | MOT. EXT/TIME APPELLEE BRIEF | |
13 | 11/30/2004 | E-FILED MOTION (MAE) | |
14 | 11/30/2004 | ACTION BY CLERK (MAE) - Granted : 01/06/2005 | |
15 | 01/04/2005 | APPELLEE BRIEF | View |
16 | 01/05/2005 | DISK - AEB | |
17 | 02/10/2005 | APPEARANCES: Phyllis A. Ratcliffe; H. Jean Delaney | |
18 | 02/10/2005 | ARGUED: Ratcliffe; Delaney (Vol. Z; Page 84) | |
19 | 02/10/2005 | ORAL ARGUMENT WEBCAST | |
20 | 03/23/2005 | DISPOSITION | |
21 | 03/23/2005 | SPLIT OPINION : VandeWalle, Gerald W. | View |
22 | 03/23/2005 | Concurring in the result : Sandstrom, Dale V. | |
23 | 03/24/2005 | Judgment Mailed to Parties | |
24 | 04/18/2005 | MANDATE | |
25 | 04/20/2005 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE | |
26 | 10/31/2011 | EXPUNGED - Nonpermanent record items destroyed |