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State v. Fickert

Docket No. 20090224
Oral Argument: Thursday, February 11, 2010 11:00am

Docket Info

Title
State of North Dakota, Plaintiff and Appellee
v.
Jake A. Fickert, Jr., Defendant and Appellant
Case Type
CRIMINAL APPEAL : SEXUAL OFFENSE
Appeal From
Case No. 08-K-0700
Northwest Judicial District, Williams County
David W. Nelson
2010 ND 61780 N.W.2d 670
Oral Argument 2/11/2010

Highlight

Where a defendant seeks to plead guilty over interactive video network ("IVN"), if defense counsel appears from a site separate from the defendant, the district court must (1) make a finding on the record that the defense counsel's participation from a separate site is necessary; (2) confirm on the record that the defendant has knowingly and voluntarily consented to defense counsel's participation from the separate site; and (3) allow confidential attorney-client communication if requested.
Prior to accepting a defendant's guilty plea, the district court must determine whether there is a sufficient factual basis for the plea to ensure that the defendant is guilty of the crime charged.


Briefs

Filing Date Description
12/04/2009 APPELLANT BRIEF (e-filed) (PDF) View
12/23/2009 APPELLEE BRIEF (e-filed) View

Counsel

Party Type Name
APPELLEE ASST. STATE'S ATTORNEY Nathan Kirke Madden - 06518
APPELLANT COURT APPOINTED Kerry Shannon Rosenquist - 04905

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

Seq. # Filing Date Description Attachment
1 08/04/2009 MOTION TO DISMISS & ATTACHMENTS - RspDue : 08/14/2009
2 08/10/2009 NOTICE OF APPEAL : 08/03/2009
3 08/10/2009 ORDER FOR TRANSCRIPT : 08/03/2009
4 08/13/2009 Response Filed from Atty Rosenquist
5 08/31/2009 ACTION BY SUPREME COURT - Motion to Dismiss - Denied
6 08/31/2009 A trial court Order granting a Motion for Extension of Time to file an Appeal was received.
7 09/21/2009 MOT. EXT/TIME TRANSCRIPT
8 09/21/2009 ACTION BY TRIAL COURT (Mot/Ext/TRA) - Granted : 10/31/2009
9 10/27/2009 TRANSCRIPT DATED June 4, 2009 & C.O.S.
10 10/27/2009 DISK - tra (6-4-09) (e-mailed)
11 10/30/2009 RECORD ON APPEAL & Separate Nos. 10, 38, 41, 47 & 48
12 12/04/2009 APPELLANT BRIEF (e-filed) (PDF) View
13 12/04/2009 E-FILED BRIEF (ATB)
14 12/04/2009 APPELLANT APPENDIX (e-filed)
15 12/04/2009 E-FILED APPENDIX (ATA)
16 12/09/2009 Received $25 surcharge for ATB (Receipt #19266)
17 12/17/2009 Received 7 copies of ATB from CSD
18 12/17/2009 Received 6 copies of ATA from CSD
19 12/23/2009 APPELLEE BRIEF (e-filed) View
20 12/23/2009 E-FILED BRIEF (AEB)
21 12/23/2009 Received $25.00 surcharge for AEB
22 12/28/2009 RECEIVED 7 COPIES OF AEB FROM CENTRAL DUPLICATING.
23 12/28/2009 FIRST SUPPLEMENTAL CLERK'S CERTIFICATE OF RECORD (ENTRIES 64 - 69)
24 01/19/2010 NOTICE OF ORAL ARGUMENT SENT
25 02/11/2010 APPEARANCES: Kerry S. Rosenquist & Pat Rosenquist, 3rd year/Nathan K. Madden, Asst. State's Atty.
26 02/11/2010 ARGUED: Kerry Rosenquist/Madden
27 02/11/2010 ORAL ARGUMENT WEBCAST
28 04/06/2010 DISPOSITION
29 04/06/2010 UNANIMOUS OPINION : Kapsner, Carol Ronning View
30 04/07/2010 Judgment Sent to Parties
31 05/17/2010 MANDATE
32 05/19/2010 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE