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State v. Hidanovic

Docket No. 20070130
Oral Argument: Thursday, November 1, 2007 10:45am

Docket Info

Title
State of North Dakota, Plaintiff and Appellee
v.
Mevludin Hidanovic, Defendant and Appellant
Case Type
CRIMINAL APPEAL : MISC. STATUTORY OFFENSE (FELONY)
Appeal From
Case No. 06-K-02831
East Central Judicial District, Cass County
Wade L. Webb
2008 ND 66747 N.W.2d 463
Oral Argument 11/1/2007

Highlight

In considering whether to grant a new trial on the ground of juror misconduct, a district court must decide whether there was misconduct and, if so, whether the misconduct could have affected the verdict of a hypothetical average juror.
A juror generally may not testify about matters or statements occurring during the course of the jury's deliberations, but may testify regarding the receipt of extraneous prejudicial information or improper outside influence.
If evidence of possible extraneous prejudicial information or outside influence is discovered, the proper procedure is to cease investigation to reduce the possibility of juror taint from extrajudicial pressures and to notify the court so it can conduct appropriate questioning.
The rule excluding juror testimony about statements during deliberations does not preclude evidence to show a juror lied during voir dire.
To prevail on a motion for new trial on the ground of newly discovered evidence, a defendant must show the evidence was discovered after trial, the failure to learn about the evidence at the time of trial was not the result of the defendant's lack of diligence, the newly discovered evidence is material to issues at trial, and the weight and quality of the newly discovered evidence would likely result in an acquittal.
In ruling on the relevancy of evidence, a district court has broad discretion to balance the probative value of the evidence against the risk of unfair prejudice.
Determining the admissibility of an out-of-court photographic identification of a defendant involves a two-step inquiry to determine whether the photographic identification procedure was suggestive, and whether the identification was, under the totality of the circumstances, reliable.


Briefs

Filing Date Description
07/23/2007 APPELLANT BRIEF View
08/27/2007 APPELLEE BRIEF (e-filed) View

Counsel

Party Type Name
APPELLEE ASST. STATE'S ATTORNEY Mark Rainer Boening - 03797

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

Seq. # Filing Date Description Attachment
1 05/09/2007 NOTICE OF APPEAL : 05/04/2007
2 05/09/2007 ORDER FOR TRANSCRIPT : 05/04/2007
3 05/23/2007 TRANSCRIPTS (4 VOLUMES) DATED JANUARY 3, 2007 (VOLS. I, II, & IV) AND JANUARY 5, 2007 (VOL. III).
4 05/23/2007 DISK-TRA (JANUARY 3, 2007-VOLS. I, II, & IV) ELECTRONIC
5 05/23/2007 CERTIFICATE OF SERVICE OF TRANSCRIPTS JANUARY 3,2007 (VOLS. I, II, & IV) & JANUARY 5,2007 (VOL.III)
6 05/29/2007 DISK of tra - VOL. III dtd 1-5-07
7 06/04/2007 RECORD ON APPEAL including separate transcript (4 Vol.) dated January 3, 2007 and January 5, 2007,
8 06/04/2007 not sent were Nos. 14, 16, 17, 31, 32, 33, 34, 58, 81, 86 & 104 (Tapes), 46, 47, & 48 (Exhibits)
9 06/06/2007 TRANSCRIPTS DATED APRIL 5, 2007 & MAY 3, 2007
10 06/06/2007 DISK-TRA (4/5/07 & 5/3/07) ELECTRONIC
11 06/06/2007 CLERK'S CERTIFICATE OF SERVICE OF COPIES OF TRANSCRIPTS (4/5/07 & 5/3/07).
12 07/11/2007 MOT. EXT/TIME APPELLANT BRIEF
13 07/11/2007 E-FILED MOTION (MAT)
14 07/11/2007 ACTION BY CLERK (MAT) - Granted : 07/23/2007
15 07/23/2007 APPELLANT BRIEF View
16 07/23/2007 APPELLANT APPENDIX
17 08/01/2007 DISK - atb (e-mailed)
18 07/24/2007 Rec'd corrected TOA, pages, disk for ATB & Register of Actions of ATA
19 08/13/2007 Corrected page 18 for ATB
20 08/13/2007 Certificate of Service dated July 30, 2007 of corrected pages for ATB
21 08/13/2007 Certificate of Service dated Aug. 10, 2007 of corrected page 18 for ATB
22 08/27/2007 APPELLEE BRIEF (e-filed) View
23 08/27/2007 E-FILED BRIEF (AEB)
24 08/30/2007 Received $25 surcharge (Receipt #17671)
25 09/05/2007 Received 7 copies of AEB from Central Duplicating
26 10/29/2007 Request for Radio/TV Coverage Dave Thompson from Prairie Public Radio (approved)
27 11/01/2007 APPEARANCES: David J. Chapman; Mark R. Boening, Asst. State's Attorney
28 11/01/2007 ARGUED: Chapman; Boening
29 11/01/2007 ORAL ARGUMENT WEBCAST
30 04/17/2008 DISPOSITION
31 04/17/2008 UNANIMOUS OPINION : Sandstrom, Dale V. View
32 04/18/2008 Judgment e-mailed to Parties
33 05/09/2008 MANDATE
34 05/13/2008 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
35 11/03/2017 EXPUNGED - Nonpermanent record items destroyed