Search Tips

City of Fargo v. Lunday

Docket No. 20080127
Oral Argument: Monday, October 6, 2008 4:00pm

Docket Info

Title
City of Fargo, Plaintiff and Appellee
v.
John Herald Lunday III, Defendant and Appellant
Case Type
CRIMINAL APPEAL : DUI/DUS
Appeal From
Case No. 07-K-04443
East Central Judicial District, Cass County
John Charles Irby
2009 ND 9760 N.W.2d 136

Highlight

Under N.D.R.Crim.P. 29(a), a defendant in a criminal jury trial must still make a motion for judgment of acquittal to preserve the issue of the sufficiency of the evidence for appeal.


Briefs

Filing Date Description
08/18/2008 APPELLANT BRIEF (e-filed) View
09/12/2008 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLANT PRIVATE PRACTICE Joe Allen Johnson - 04995
APPELLEE ASST. CITY ATTORNEY Scott Orel Diamond - 05773

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

Seq. # Filing Date Description Attachment
1 05/29/2008 NOTICE OF APPEAL : 05/27/2008
2 05/29/2008 ORDER FOR TRANSCRIPT : 05/27/2008
3 06/09/2008 TRANSCRIPT DATED APRIL 22, 2008
4 06/10/2008 DISK-tra (4/22/08)
5 06/10/2008 CERTIFICATE OF SERVICE OF COPIES OF TRANSCRIPTS.
6 06/13/2008 RECORD ON APPEAL (not rec'd - 11, 14, 33, 41 (tapes))
7 07/11/2008 MOT. EXT/TIME APPELLANT BRIEF
8 07/11/2008 ACTION BY CLERK (MAT) - Granted : 08/18/2008
9 08/18/2008 APPELLANT BRIEF (e-filed) View
10 08/18/2008 E-FILED BRIEF (ATB)
11 08/18/2008 APPELLANT APPENDIX (e-filed)
12 08/18/2008 E-FILED APPENDIX (ATA)
13 08/21/2008 Received $25 surcharge for ATB (Receipt #18221)
14 08/26/2008 Clerk's Supplemental Certificate of Record on Appeal dated August 22, 2008 with entries 54 & 55
15 08/27/2008 Received copies of ATB from Central Duplicating Services
16 08/27/2008 Received copies of ATA from Central Duplicating Services
17 09/12/2008 APPELLEE BRIEF View
18 09/19/2008 DISK - aeb (e-mailed)
19 09/22/2008 corrected TOA & pages 5 & 7 for AEB
20 09/22/2008 Affidavit of Service of corrected pages for AEB
21 09/29/2008 Reuqest to waive Appellant's argument
22 09/29/2008 ACTION BY SUPREME COURT (Appellant's argument waived) - Granted
23 09/29/2008 S.CT. DETERMINED ORAL ARGUMENT NOT NECESSARY (Appellee's argument)
24 10/06/2008 APPEARANCES: AT waived under NDRAppP 34(f); waived by Court on behalf of AE under NDRAppP 34(a)(2)
25 10/06/2008 ARGUED: AT waived under NDRAppP 34(f); waived by Court on behalf of AE under NDRAppP 34(a)(2)
26 02/03/2009 DISPOSITION
27 02/03/2009 UNANIMOUS OPINION : Crothers, Daniel John View
28 02/05/2009 Order/Judgment E-Mailed to Parties
29 02/25/2009 MANDATE
30 02/27/2009 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
31 03/03/2009 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE (for supplemental)
32 01/14/2020 EXPUNGED - Nonpermanent record items destroyed