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State v. Muhle

Docket No. 20060328
Oral Argument: Thursday, June 21, 2007 9:30am

Docket Info

Title
State of North Dakota, Plaintiff and Appellee
v.
Andrew Brice Muhle, Defendant and Appellant
Case Type
CRIMINAL APPEAL : SEXUAL OFFENSE
Appeal From
Case No. 05-K-04135
East Central Judicial District, Cass County
Steven E. McCullough
2007 ND 132737 N.W.2d 647
Oral Argument 6/21/2007

Highlight

A district court's evidentiary ruling is reviewed for an abuse of discretion.
Out-of-court testimonial statements may not be admitted into evidence when the child is unavailable to testify unless the defendant has had an opportunity to cross-examine the child. If a defendant has an opportunity to cross-examine the witness at trial, the admission of testimonial statements would not violate the Confrontation Clause.
Rule 16 of the North Dakota Rules of Criminal Procedure requires only "statements" be disclosed by the prosecution. "Statement" is defined technically and emphasizes formal, written, or recorded declarations.
To establish a violation under Brady v. Maryland, the defendant must prove: (1) the government possessed evidence favorable to the defendant; (2) the defendant did not possess the evidence and could not have obtained it with reasonable diligence; (3) the prosecution suppressed the evidence; and (4) a reasonable probability exists that the outcome of the proceedings would have been different if the evidence had been disclosed.
A conviction on the ground of insufficient evidence will be reversed only if, after viewing the evidence and all reasonable inferences in the light most favorable to the verdict, no rational factfinder could have found the defendant guilty beyond a reasonable doubt.


Briefs

Filing Date Description
04/25/2007 APPELLANT BRIEF (e-filed) View
05/25/2007 APPELLEE BRIEF (e-filed) View

Counsel

Party Type Name
APPELLEE ASST. STATE'S ATTORNEY Mark Rainer Boening - 03797
APPELLANT PRIVATE PRACTICE Monty Grant Mertz - 03778

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

Seq. # Filing Date Description Attachment
1 11/16/2006 NOTICE OF APPEAL : 11/09/2006
2 11/16/2006 ORDER FOR TRANSCRIPT : 11/09/2006
3 12/20/2006 MOT. EXT/TIME TRANSCRIPT
4 12/20/2006 ACTION BY TRIAL COURT - Granted : 02/07/2007
5 12/20/2006 RETENTION OF RECORD ON APPEAL : 02/12/2007
6 12/20/2006 Transcript dated December 29, 2005
7 12/21/2006 DISK -tra(12/29/05)
8 01/26/2007 Transcript dated October 28, 2005
9 01/31/2007 DISK - tra (10-28-05) (e-mailed)
10 02/05/2007 Transcripts dated February 22, 2006, April 21, 2006, & May 1, 2006
11 02/05/2007 DISK - TRA of Feb 22, 06, Apr 21, 06 & May 1, 06 (E-mailed)
12 02/07/2007 MOT. EXT/TIME TRANSCRIPT (e-filed)
13 02/07/2007 E-FILED MOTION (MTR)
14 02/07/2007 ACTION BY CLERK - Granted : 02/12/2007
15 02/08/2007 RECORD ON APPEAL (2 Vol) w/Separates (Entry Nos. 36-39, 45,60 & 62)
16 02/08/2007 Not rec'd w/ROA were Entry Nos. 11,13,50,51,61,64,65,67,75,76,81,84, & 90
17 02/14/2007 TRANSCRIPTS DATED 5-5-06, 5-9-06, 5-10-06, 5-11-06, 5-12-06, & 5-15-06
18 02/14/2007 Transcript of Sentencing dated 11-8-06
19 02/15/2007 DISK - TRA (5/5/06,5/9/06,5/10/06,5-11-06, 5-12-06, 5-15-06, & 11/8/06) (e-mailed)
20 02/15/2007 Letter from clerk's office dated 2-14-07 re: There is no entry #75 for ROA
21 03/23/2007 MOT. EXT/TIME APPELLANT BRIEF (faxed letter from Monty Mertz dated 3-23-07)
22 03/23/2007 E-FILED MOTION (MAT)
23 03/23/2007 ACTION BY CLERK (MAT) - Granted : 04/25/2007
24 04/25/2007 APPELLANT BRIEF (e-filed) View
25 04/25/2007 E-FILED BRIEF (ATB)
26 04/25/2007 APPELLANT APPENDIX (e-filed) PDF
27 04/25/2007 E-FILED APPENDIX
28 04/27/2007 Received $25 surcharge for ATB (Receipt #17366)
29 04/30/2007 Received 7 copies of ATB from Central Duplicating.
30 04/30/2007 Received 6 copies of ATA from Central Duplicating.
31 05/25/2007 APPELLEE BRIEF (e-filed) View
32 05/25/2007 E-FILED BRIEF (AEB)
33 05/31/2007 Received $25 surcharge for AEB (Receipt #17554)
34 05/31/2007 Received 7 copies of AEB from Central Duplicating
35 06/01/2007 Request for Radio/TV Coverage - Prairie Public Radio (approved)
36 06/21/2007 APPEARANCES: Monty G. Mertz; Mark R. Boening
37 06/21/2007 ARGUED: Mertz; Boening
38 06/21/2007 ORAL ARGUMENT WEBCAST
39 08/22/2007 DISPOSITION
40 08/22/2007 UNANIMOUS OPINION : VandeWalle, Gerald W. View
41 08/22/2007 Judgment e-mailed to Parties
42 09/13/2007 MANDATE
43 09/17/2007 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
44 08/25/2017 EXPUNGED - Nonpermanent record items destroyed

 


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