State v. Wegley
Docket Info
- Title
- State of North Dakota, Plaintiff and Appellee
v.
James Eugene Wegley, Defendant and Appellant - Case Type
- CRIMINAL APPEAL : SEXUAL OFFENSE
- Appeal From
-
Case No. 05-K-00917
Northwest Judicial District, Williams County
Robert W. Holte
Highlight
Even if a defendant objects to hearsay testimony about a child's out-of-court statement at a pre-trial hearing, the defendant's failure to object at trial limits review to determining whether the admission of that testimony into evidence constitutes obvious error affecting substantial rights.
To establish obvious error, a defendant must show error that is plain and affects substantial rights, and to affect substantial rights a plain error must have been prejudicial, or have affected the outcome of the proceeding.
Nonverbal conduct is a statement under the hearsay rules if the nonverbal conduct was intended as an assertion.
A declarant's out-of-court statement is not hearsay if the declarant testifies at trial and is subject to cross-examination concerning the statement, and the statement is consistent with the declarant's testimony and is offered to rebut an express or implied charge against the declarant of recent fabrication or improper influence or motive.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
| Seq. # | Filing Date | Description | Attachment |
|---|---|---|---|
| 1 | 01/22/2007 | NOTICE OF APPEAL : 01/12/2007 | |
| 2 | 02/05/2007 | Substitution of Counsel (Bonnie Storbakken replaced Josh Rustad) | |
| 3 | 02/14/2007 | MOT. EXT/TIME APPELLANT BRIEF | |
| 4 | 02/14/2007 | ACTION BY CLERK (30 days after the transcript is filed) - Granted : 05/17/2007 | |
| 5 | 02/16/2007 | RECORD ON APPEAL with separates 43, 51, 53-65, 66, 71, 77, 80, and 88 | |
| 6 | 02/16/2007 | Not received with the record on appeal were entries 36-39 (not in file) | |
| 7 | 02/28/2007 | MOT. EXT/TIME TRANSCRIPT (Jean M. Lindvig) | |
| 8 | 02/28/2007 | ACTION BY TRIAL COURT (MTR) - Granted : 04/25/2007 | |
| 9 | 03/22/2007 | Supplemental Clerk's Certificate dated 3-20-07 (Entry No. 101) | |
| 10 | 04/17/2007 | TRANSCRIPTS DATED December 29, 2006 and June 29 & 30, 2006 | |
| 11 | 04/17/2007 | DISK OF tras dtd 6-29 & 30-2006, and 12-29-06 (e-mailed) | |
| 12 | 04/18/2007 | Certificate of Mailing for transcripts | |
| 13 | 05/17/2007 | APPELLANT BRIEF | View |
| 14 | 05/17/2007 | E-FILED BRIEF | |
| 15 | 05/17/2007 | APPELLANT APPENDIX | |
| 16 | 05/17/2007 | E-FILED APPENDIX | |
| 17 | 05/22/2007 | Received efiling surcharge of $25; receipt no. 17392 | |
| 18 | 05/25/2007 | Rec'd 7 copies of ATB from Central Duplicating | |
| 19 | 06/05/2007 | Recieved copies of NOA and Table of Contents for ATA | |
| 20 | 06/06/2007 | received 6 copies of ATA from Central Duplicating Services | |
| 21 | 06/06/2007 | APPELLEE BRIEF (e-filed) | View |
| 22 | 06/06/2007 | E-FILED BRIEF (AEB) | |
| 23 | 06/14/2007 | Received $25 surcharge for AEB (Receipt #17580) | |
| 24 | 06/18/2007 | MOT. EXT/TIME REPLY BRIEF (faxed) | |
| 25 | 06/18/2007 | E-FILED MOTION (faxed MRY) | |
| 26 | 06/18/2007 | ACTION BY CLERK - Granted : 07/02/2007 | |
| 27 | 06/18/2007 | Received 7 copies of AEB from Central Duplicating. | |
| 28 | 07/05/2007 | MOT. EXT/TIME REPLY BRIEF (e-mailed letter from Bonnie Storbakken) | |
| 29 | 07/05/2007 | ACTION BY CLERK (MRY) - Granted : 07/05/2007 | |
| 30 | 07/05/2007 | REPLY BRIEF of appellant (E-filed) | View |
| 31 | 07/05/2007 | E-FILED BRIEF (RYB) | |
| 32 | 07/17/2007 | Received copies of RYB from Central Duplicating Services | |
| 33 | 09/12/2007 | APPEARANCES: Bonnie L. Storbakken; Nicole E. Foster | |
| 34 | 09/12/2007 | ARGUED: Storbakken; Foster | |
| 35 | 09/12/2007 | ORAL ARGUMENT WEBCAST | |
| 36 | 01/17/2008 | DISPOSITION | |
| 37 | 01/17/2008 | UNANIMOUS OPINION : Kapsner, Carol Ronning | View |
| 38 | 01/22/2008 | Judgment e-mailed to Parties | |
| 39 | 02/08/2008 | MANDATE | |
| 40 | 02/19/2008 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE | |
| 41 | 10/13/2017 | EXPUNGED - Nonpermanent record items destroyed |