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State v. Hernandez

Docket No. 20050047
Oral Argument: Thursday, September 29, 2005 9:05am

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
2005 ND 214707 N.W.2d 449
Oral Argument 9/29/2005

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.


Briefs

Filing Date Description
06/22/2005 APPELLANT BRIEF View
08/04/2005 APPELLEE BRIEF (e-filed) View

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