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State v. Muhle

Docket No. 20060340
Oral Argument: Thursday, June 21, 2007 10:45am

Docket Info

Title
State of North Dakota, Plaintiff and Appellee
v.
Shannon Renee Muhle, Defendant and Appellant
Case Type
CRIMINAL APPEAL : MISC. STATUTORY OFFENSE (FELONY)
Appeal From
Case No. 05-K-04134
East Central Judicial District, Cass County
Steven E. McCullough
2007 ND 131737 N.W.2d 636
Oral Argument 6/21/2007

Highlight

A court's evaluation of the trustworthiness of a child's out-of-court statement about alleged sexual abuse, may include these non-exclusive factors: (1) the spontaneity and consistent repetition of the statements, (2) the mental state of the declarant, (3) the use of terminology unexpected of a child of similar age, and (4) a lack of motive to fabricate.
If a defendant has an opportunity to cross-examine a witness at trial, the admission of testimonial statements would not violate the Confrontation Clause.
The proper remedy for unfair surprise is a continuance, but one must be requested.
The term "statement," as used in N.D.R.Crim.P. 16(f), means a written or otherwise recorded statement made by the witness, codefendant, or other person.


Briefs

Filing Date Description
04/25/2007 APPELLANT BRIEF (E-filed) View
05/25/2007 APPELLEE BRIEF (e-filed) View
06/08/2007 REPLY BRIEF View

Counsel

Party Type Name
APPELLEE ASST. STATE'S ATTORNEY Mark Rainer Boening - 03797
APPELLANT COURT APPOINTED Ross Wheeler Brandborg - 06029

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

Seq. # Filing Date Description Attachment
1 11/22/2006 NOTICE OF APPEAL : 11/17/2006
2 11/30/2006 Letter dated November 30, 2006, appointing Ross W. Brandborg as counsel for Appellant Shannon Muhle
3 12/21/2006 ORDER FOR TRANSCRIPT : 12/20/2006
4 01/02/2007 Copy of Order from Judge Rothe-Seeger dated 12-22-06 RE:Ordered transcripts of trial be prepared
5 02/08/2007 RECORD ON APPEAL w/Separate (Entry No. 57).Not rec'd-tapes/notes(Entry Nos. 18,24-26,64,91,& 96).
6 02/08/2007 Separates filed in 05-K-4135/20060328 (Entry Nos. 48-51, 66-73, 75,76,79,and 81-83)
7 02/08/2007 Not rec'd w/ROA were Exhibits Not offered or rec'd (Entry Nos. 63,74,77,78,80, and 86).
8 02/14/2007 TRANSCRIPTS DATED 5-5-06, 5-9-06, 5-10-06, 5-11-06, 5-12-06, & 5-15-06
9 02/14/2007 Transcript of Sentencing dated 11-8-06
10 02/14/2007 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)
11 03/15/2007 MOT. EXT/TIME APPELLANT BRIEF and Brief in Support with certificate of service
12 03/15/2007 E-FILED MOTION for Extension of Time to File Appellant's Brief (by email)
13 03/15/2007 ACTION BY CLERK (MAT) - Granted : 04/25/2007
14 04/25/2007 APPELLANT BRIEF (E-filed) View
15 04/25/2007 E-FILED BRIEF (ATB)
16 04/25/2007 APPELLANT APPENDIX (E-filed)
17 04/25/2007 E-FILED APPENDIX (ATA)
18 04/27/2007 Received $25 surcharge for ATB (Receipt #17365)
19 05/03/2007 Received 7 copies of ATB from Central Duplicating.
20 05/03/2007 Received 6 copies of ATA from Central Duplicating.
21 05/25/2007 APPELLEE BRIEF (e-filed) View
22 05/25/2007 E-FILED BRIEF (AEB)
23 05/31/2007 Received $25 surcharge for aeb(Receipt #17554)
24 05/31/2007 Received 7 copies of AEB from Central Duplicating
25 06/01/2007 Request for Radio/TV Coverage - Prairie Public Radio (approved)
26 06/08/2007 REPLY BRIEF View
27 06/08/2007 E-FILED BRIEF (RYB)
28 06/08/2007 APPELLANT APPENDIX (Appendix to Appellant's Reply Brief)
29 06/08/2007 E-FILED APPENDIX (Appendix to Appellant's Reply Brief)
30 06/12/2007 Received 7 copies of RYB from Central Duplicating
31 06/12/2007 Received 6 copies of Appendix to Reply Brief of Appellant from Central Duplicating
32 06/21/2007 APPEARANCES: Ross W. Brandborg; Mark R. Boening
33 06/21/2007 ARGUED: Brandborg; Boening
34 06/21/2007 ORAL ARGUMENT WEBCAST
35 08/22/2007 DISPOSITION
36 08/22/2007 UNANIMOUS OPINION : Sandstrom, Dale V. View
37 08/23/2007 Order/Judgment Mailed to Parties
38 09/13/2007 MANDATE
39 09/17/2007 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
40 09/08/2017 EXPUNGED - Nonpermanent record items destroyed