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State v. Fehl-Haber

Docket No. 20060086
Oral Argument: Monday, June 11, 2007 2:45pm

Docket Info

Title
State of North Dakota, Plaintiff and Appellee
v.
Nathan Fehl-Haber, Defendant and Appellant
Case Type
CRIMINAL APPEAL : SEXUAL OFFENSE
Appeal From
Case No. 05-K-00981
South Central Judicial District, Burleigh County
Sonna M. Anderson
2007 ND 99734 N.W.2d 770
Oral Argument 6/11/2007

Highlight

A district court has broad discretion in evidentiary matters, and its decision to admit or exclude evidence will not be overturned unless there has been an abuse of discretion.
In a criminal trial, all communications with the jurors after the jurors have retired for deliberations must be made in open court and in the presence of the defendant.
A criminal defendant may waive the right to have all communications with the jurors made after the case has been submitted to them by failing to object to the trial court's procedure in responding to the jury's request.
To prevail on a motion for a new trial on the ground of newly discovered evidence, the defendant must show: (1) the evidence was discovered after trial, (2) the failure to learn about the evidence at the time of trial was not the result of the defendant's lack of diligence, (3) the newly discovered evidence is material to the issues at trial, and (4) the weight and quality of the newly discovered evidence would likely result in an acquittal.
Where a sexual assault victim's credibility is not in issue, evidence that the victim made a similar accusation against another individual is immaterial and not likely to result in an acquittal.


Briefs

Filing Date Description
08/23/2006 APPELLANT BRIEF View
09/20/2006 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLANT COURT APPOINTED Kent M Morrow - 03503
APPELLEE ASST. STATE'S ATTORNEY Lloyd Clayton Suhr - 05405
APPELLEE ASST. STATE'S ATTORNEY Cynthia Mae Feland - 04804

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

Seq. # Filing Date Description Attachment
1 03/27/2006 NOTICE OF APPEAL : 03/23/2006
2 03/27/2006 ORDER FOR TRANSCRIPT : 03/23/2006
3 04/26/2006 RETENTION OF RECORD ON APPEAL : 06/28/2006
4 05/24/2006 MOT. EXT/TIME TRANSCRIPT
5 05/24/2006 ACTION BY TRIAL COURT - Granted : 06/28/2006
6 06/22/2006 TRANSCRIPTS DATED November 16, November 17 & November 18, 2005
7 06/22/2006 DISK - TRA's of November 16 & November 17, 2005
8 06/23/2006 RECORD ON APPEAL (includes separate entry nos. 40-43, 52, & 53) (not rec'd entry no.56-rptr notes)
9 06/30/2006 2 corrected covers for tra dtd 11-18-05
10 06/29/2006 DISK of tra dtd 11-18-05
11 07/03/2006 Supplemental Clerk's Certificate dated 6-30-06 (Entry Nos. 68 & 69)
12 07/13/2006 REQ. EXT/TIME APPELLANT BRIEF (e-filed)
13 07/13/2006 E-FILED MOTION (Req/Ext/ATB) (e-filed)
14 07/13/2006 Amended Req. Ext/Time/ATB (e-filed)
15 07/13/2006 ACTION BY CLERK (MAT) - Granted : 08/30/2006
16 08/23/2006 APPELLANT BRIEF View
17 08/23/2006 APPELLANT APPENDIX
18 08/23/2006 DISK - ATB (e-mailed)
19 09/20/2006 APPELLEE BRIEF View
20 09/20/2006 DISK - AEB
21 11/13/2006 MOTION TO REMAND (E-FILED)
22 11/13/2006 E-FILED MOTION (Mot/Remand)
23 11/14/2006 Original and 7 cc of Motion to Remand
24 11/16/2006 ACTION BY SUPREME COURT - Granted
25 11/16/2006 ORDER OF REMAND
26 11/16/2006 Order Mailed to Parties
27 02/07/2007 Second Notice of Appeal (filed in trial court on 2-2-07)
28 02/07/2007 ORDER FOR TRANSCRIPT of the 1-3-07 hearing : 02/02/2007
29 03/28/2007 TRANSCRIPT DATED January 3, 2007
30 03/28/2007 DISK of tra dated 1-3-07
31 04/03/2007 Certificate of Service of Copies of Transcript from Dorothy A. Rolfstad
32 04/02/2007 Refiled ROA and Separates 40, 41, 42, 43, 52, & 53 (Not Rec'd: 56, 71, & 83--Court Reporter Notes)
33 04/24/2007 Appellant's Supplemental Brief
34 04/24/2007 Appellant's Supplemental Appendix
35 04/24/2007 DISK-Appellant's Supplemental Brief (electronic)
36 05/14/2007 Appellee's Supplemental Brief
37 05/14/2007 DISK - Appellee's Supplemental Brief (electronic)
38 06/11/2007 APPEARANCES: Kent M. Morrow; Cynthia M. Feland
39 06/11/2007 ARGUED: Morrow; Feland
40 06/11/2007 ORAL ARGUMENT WEBCAST
41 06/26/2007 DISPOSITION
42 06/26/2007 UNANIMOUS OPINION : Kapsner, Carol Ronning View
43 06/28/2007 Judgment e-mailed to Parties
44 06/29/2007 Corrected Opinion Page 10
45 07/19/2007 MANDATE
46 07/23/2007 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
47 08/17/2016 EXPUNGED - Nonpermanent record items destroyed