State v. Hernandez
Docket Info
- Title
- State of North Dakota, Plaintiff and Appellee
v.
Luis Ignacio Hernandez, Sr., Defendant and Appellant - Case Type
- CRIMINAL APPEAL : SEXUAL OFFENSE
- Appeal From
-
Case No. 03-K-01805
East Central Judicial District, Cass County
Georgia Dawson
Highlight
A trial court has broad discretion to determine whether a witness is qualified as an expert and whether the witness's testimony will assist the trier of fact.
A party's failure to object to evidence admitted at trial generally waives the party's right to complain on appeal about the admission of the evidence.
A trial court has discretion to decide whether a party has opened the door for the admission of otherwise inadmissible evidence.
A jury is generally presumed to follow a curative instruction, and a curative instruction to disregard certain evidence is generally sufficient to remove improper prejudice.
A trial court has broad discretion to balance the probative value of evidence against the risk of unfair prejudice.
To establish a due process violation for the destruction of evidence, a defendant must establish bad faith by the State, which means the evidence was deliberately destroyed by or at the direction of a State agent who intended to thwart and deprive the defense of the information.
Counsel
| Party | Type | Name |
|---|---|---|
| APPELLEE | STATE'S ATTORNEY | Birch Peterson Burdick - 05026 |
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
| Seq. # | Filing Date | Description | Attachment |
|---|---|---|---|
| 1 | 02/08/2005 | NOTICE OF APPEAL : 02/04/2005 | |
| 2 | 02/08/2005 | ORDER FOR TRANSCRIPT : 02/04/2005 | |
| 3 | 03/02/2005 | RETENTION OF RECORD ON APPEAL : 03/26/2005 | |
| 4 | 03/08/2005 | MOTION FOR Financial Assistance to obtain trial transcript & attachments | |
| 5 | 03/10/2005 | Affidavit of Service by Mail of Motion on State's Attorney | |
| 6 | 03/14/2005 | Letter from Sandie Ehrmantraut dated 3-11-05 RE: Suspension of Transcript | |
| 7 | 03/16/2005 | ACTION BY SUPREME COURT (Supervised--Mot. Financial Assistance returned to trial court - Granted | |
| 8 | 03/16/2005 | for determination) | |
| 9 | 04/25/2005 | RECORD ON APPEAL (3 Volumes) including separate No. 15 (Victim Impact Statement) and | |
| 10 | 04/25/2005 | Transcripts dated Septamber 7, 2004 and November 5, 2004. Not forwarded w/the record were | |
| 11 | 04/25/2005 | Nos. 17, 22, 26, 31, 114, 166, 229, 247 & 251 (Tapes) and 198, 199, 200 & 201 (State's Ex. 22-25 | |
| 12 | 04/25/2005 | Large Pictures of Hotel Room) | |
| 13 | 04/25/2005 | Trial Court Order declaring defendant indigent (Clerk's Certificate of appeal #275) for purposes of | |
| 14 | 04/25/2005 | preparation of the transcript at state expense. | |
| 15 | 04/26/2005 | MOT. EXT/TIME TRANSCRIPT (Sua Sponte) | |
| 16 | 04/26/2005 | ACTION BY CLERK (MTR - Sua Sponte) (50 days from 4-18-05, the date declared indigent) - Granted : 06/07/2005 | |
| 17 | 04/29/2005 | TRANSCRIPT commencing November 2, 2004 (5 volumes--jury trial) | |
| 18 | 04/29/2005 | DISK -- transcript (5 volumes) emailed | |
| 19 | 05/03/2005 | Certificate of Service of copies of the record | |
| 20 | 06/06/2005 | MOT. EXT/TIME APPELLANT BRIEF (faxed) | |
| 21 | 06/06/2005 | E-FILED MOTION (MAT) | |
| 22 | 06/06/2005 | ACTION BY CLERK - Granted : 06/22/2005 | |
| 23 | 06/07/2005 | State has no objection to Motion for Extension of Time to File the Appellant's Brief | |
| 24 | 06/07/2005 | E-FILED Response to Motion | |
| 25 | 06/22/2005 | APPELLANT BRIEF | View |
| 26 | 06/22/2005 | APPELLANT APPENDIX | |
| 27 | 06/23/2005 | DISK - ATB (CD) | |
| 28 | 07/20/2005 | MOT. EXT/TIME APPELLEE BRIEF | |
| 29 | 07/20/2005 | ACTION BY CLERK - Granted : 08/04/2005 | |
| 30 | 07/20/2005 | E-FILED MOTION (MAE/by fax) | |
| 31 | 07/21/2005 | Supplement to MAE with correction of an error | |
| 32 | 07/21/2005 | E-FILED supplement to MAE (by fax) | |
| 33 | 08/04/2005 | APPELLEE BRIEF (e-filed) | View |
| 34 | 08/04/2005 | E-FILED BRIEF (AEB) | |
| 35 | 08/10/2005 | Payment of $25 surcharge for electronic filing of AEB (Receipt #16250) | |
| 36 | 08/10/2005 | Copies of AEB made | |
| 37 | 09/29/2005 | APPEARANCES: Dennis D. Fisher; Birch P. Burdick, and Charles B. Neff, Jr., third-year law student | |
| 38 | 09/29/2005 | ARGUED: Fisher; Burdick | |
| 39 | 12/20/2005 | DISPOSITION | |
| 40 | 12/20/2005 | SPLIT OPINION : Sandstrom, Dale V. | View |
| 41 | 12/20/2005 | (CONCUR Specially) : Crothers, Daniel John | |
| 42 | 12/21/2005 | Judgment Mailed to Parties | |
| 43 | 01/19/2006 | MANDATE | |
| 44 | 01/25/2006 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE | |
| 45 | 09/10/2012 | EXPUNGED - Nonpermanent record items destroyed |