State v. Demarais
Docket No. 20080181
Oral Argument:
Tuesday, April 14, 2009 4:00pm
Docket Info
- Title
- State of North Dakota, Plaintiff and Appellee
v.
Judy Ann Demarais, Defendant and Appellant - Case Type
- CRIMINAL APPEAL : DRUGS/CONTRABAND
- Appeal From
-
Case No. 07-K-01889
Northeast Central Judicial District, Grand Forks County
Sonja Clapp
2009 ND 143770 N.W.2d 246
Highlight
A jury may find a defendant guilty even though evidence exists which, if believed, could lead to a not guilty verdict.
In nearly all possession of drug paraphernalia cases, the State will be forced to prove by circumstantial evidence the intent to use the paraphernalia for the purpose of ingesting, preparing, or storing a controlled substance.
A verdict based upon circumstantial evidence carries the same presumption of correctness as other verdicts.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
| Seq. # | Filing Date | Description | Attachment |
|---|---|---|---|
| 1 | 07/25/2008 | NOTICE OF APPEAL : 07/24/2008 | |
| 2 | 07/25/2008 | ORDER FOR TRANSCRIPT : 07/24/2008 | |
| 3 | 07/25/2008 | This case is consolidated w/20080182; make all entries except DIS and MAN in this case | |
| 4 | 07/25/2008 | Acknowledgement of Order for Transcript | |
| 5 | 07/25/2008 | RETENTION OF RECORD ON APPEAL by court reporter : 09/12/2008 | |
| 6 | 08/26/2008 | Notice of Appearance by Jeff A. Bredahl of Bredahl & Associates | |
| 7 | 09/03/2008 | Transcript dated May 6, 2008 | |
| 8 | 09/03/2008 | DISK - tra (5-6-08) | |
| 9 | 09/15/2008 | MOT. EXT/TIME TRANSCRIPT (Nancy Krogstad) | |
| 10 | 09/15/2008 | ACTION BY TRIAL COURT (MTR) - Granted : 10/22/2008 | |
| 11 | 10/17/2008 | Transcript dated May 6 & 7, 2008 (Vol. 1) | |
| 12 | 10/17/2008 | DISK - tra (May 6 & 7,2008) (Vol. I) | |
| 13 | 10/22/2008 | RECORD ON APPEAL & SEPARATES (ENTRY NOS. 1, 98 AND 119). | |
| 14 | 10/22/2008 | NOT REC'D W/ROA WERE ENTRY NOS. 5, 12, 14, 17, 20, 24, 32, 45, 50, 56, 61, 63-76, 104, 112 & 116). | |
| 15 | 11/05/2008 | DISK- tra (May 8 & 9) (Vol. II) | |
| 16 | 11/07/2008 | TRANSCRIPT DATED MAY 8 & 9, 2008 (VOL. II) | |
| 17 | 11/17/2008 | Certificate of Service of copies of transcripts. | |
| 18 | 12/16/2008 | MOT. EXT/TIME APPELLANT BRIEF | |
| 19 | 12/16/2008 | ACTION BY CLERK - MAT - Granted : 12/27/2008 | |
| 20 | 12/16/2008 | E-FILED MOTION - ATB | |
| 21 | 12/29/2008 | APPELLANT BRIEF | View |
| 22 | 12/29/2008 | E-FILED BRIEF (ATB) | |
| 23 | 12/29/2008 | APPELLANT APPENDIX (e-filed) | |
| 24 | 12/29/2008 | E-FILED APPENDIX (ATA) | |
| 25 | 01/08/2009 | Receipt $25 surcharge for ATB (Receipt # 18674) | |
| 26 | 01/12/2009 | Received 7 copies of ATB from Central Duplicating. | |
| 27 | 01/12/2009 | Received 6 copies of ATA from Central Duplicating. | |
| 28 | 01/27/2009 | APPELLEE BRIEF (e-filed) PDF | View |
| 29 | 01/27/2009 | E-FILED BRIEF (AEB) PDF | |
| 30 | 01/27/2009 | APPELLEE APPENDIX (e-filed) PDF | |
| 31 | 01/27/2009 | E-FILED APPENDIX (AEA) PDF | |
| 32 | 01/29/2009 | Received $25 surcharge for AEB (Receipt #18700). | |
| 33 | 01/30/2009 | Received 7 copies of AEB from Central Duplicating. | |
| 34 | 01/30/2009 | Received 6 copies of AEA from Central Duplicating. | |
| 35 | 03/27/2009 | In light of Fargo flooding, oral argument continued to April Term | |
| 36 | 04/07/2009 | Consent to Appearance Under the Senior Practice Rule for Lynn Slaathaug-Moen | |
| 37 | 04/14/2009 | Notice of waiver, due to road conditions | |
| 38 | 04/14/2009 | E-FILED MOTION | |
| 39 | 04/14/2009 | ACTION BY SUPREME COURT (waiver) - Granted | |
| 40 | 04/14/2009 | State's waiver also received | |
| 41 | 04/14/2009 | APPEARANCES: Waived under N.D.R.App.P. 34(f) | |
| 42 | 04/14/2009 | ARGUED: Argument waived | |
| 43 | 07/21/2009 | DISPOSITION | |
| 44 | 07/21/2009 | UNANIMOUS OPINION : Crothers, Daniel John | View |
| 45 | 07/22/2009 | Judgment E-Mailed to Parties | |
| 46 | 08/12/2009 | MANDATE | |
| 47 | 08/19/2009 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE | |
| 48 | 02/28/2020 | EXPUNGED - Nonpermanent record items destroyed |