State v. Muhle
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
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.
(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 |