State v. Gomez
Docket Info
- Title
- State of North Dakota, Plaintiff and Appellee
v.
Ciro Gomez, Defendant and Appellant - Case Type
- CRIMINAL APPEAL : SEXUAL OFFENSE
- Appeal From
-
Case No. 09-K-00006
Northeast Judicial District, Walsh County
M. Richard Geiger
Highlight
The use of special verdicts or general verdicts with special interrogatories is disfavored in criminal cases and the rules of criminal procedure generally do not provide for special verdicts or interrogatories.
Sexual contact, as defined in N.D.C.C. 12.1-20-02(5), includes any touching, whether through clothing or other covering, of the sexual parts of the person. The language of the statute does not limit sexual contact to any touching of the sexual parts of a child.
A criminal defendant has a constitutional right to a jury trial with an impartial jury selected from a representative cross-section of the community.
To establish a prima facie violation of the fair-cross-section requirement, a defendant must show that there was an underrepresentation of a distinctive group in jury venires and that the underrepresentation was due to systemic exclusion of the group in the jury-selection process.
A punishment in a non-capital case that is grossly disproportionate to the offense is cruel and unusual punishment.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
| Seq. # | Filing Date | Description | Attachment |
|---|---|---|---|
| 1 | 03/30/2010 | NOTICE OF APPEAL : 03/30/2010 | |
| 2 | 03/30/2010 | ORDER FOR TRANSCRIPT : 03/30/2010 | |
| 3 | 04/01/2010 | ACKNOWLEDGMENT OF OTR & RETENTION OF RECORD ON APPEAL : 05/19/2010 | |
| 4 | 04/06/2010 | Notice of Assignment of Kent M. Morrow to replace Gretchen Handy as counsel for AT | |
| 5 | 04/27/2010 | RECORD ON APPEAL and Separates | |
| 6 | 05/18/2010 | MOT. EXT/TIME TRANSCRIPT | |
| 7 | 05/18/2010 | ACTION BY TRIAL COURT (MTR) - Granted : 05/31/2010 | |
| 8 | 05/24/2010 | Supplemental Clerk's Certificate of Record dated May 20, 2010 (Entry Nos. 158-160). | |
| 9 | 05/26/2010 | TRANSCRIPTS DATED 1/6/09 & 2/11/09, 4/21/09, 8/31/09, 9/8/09, 10/23/09, 10/27/09, 10/28/09, | |
| 10 | 05/26/2010 | 10/29/09, 10/30/09, 3/16/10 AND C.O.S. | |
| 11 | 05/27/2010 | DISK-TRA (1/6/09 & 2/11/09, 4/21/09, 8/31/09, 9/8/09, 10/23/09, 10/27/09, 10/28/09, | |
| 12 | 05/27/2010 | 10/29/09 & 10/30/09 (e-mailed) | |
| 13 | 06/01/2010 | DISK-TRA (3/16/10) E-MAILED | |
| 14 | 06/28/2010 | MOT. EXT/TIME APPELLANT BRIEF (e-filed) | |
| 15 | 06/28/2010 | E-FILED MOTION (MAT) | |
| 16 | 06/29/2010 | ACTION BY CLERK (MAT) - Granted : 08/04/2010 | |
| 17 | 08/04/2010 | APPELLANT BRIEF (e-filed) | View |
| 18 | 08/04/2010 | E-FILED BRIEF (ATB) | |
| 19 | 08/04/2010 | APPELLANT APPENDIX (e-filed) | |
| 20 | 08/04/2010 | E-FILED APPENDIX (ATA) | |
| 21 | 08/05/2010 | Received surcharge for ATB (Receipt #19756) | |
| 22 | 08/10/2010 | Received 7 copies of ATB from CSD | |
| 23 | 08/10/2010 | Received 6 copies of ATA from CSD | |
| 24 | 08/30/2010 | MOT. EXT/TIME APPELLEE BRIEF | |
| 25 | 08/30/2010 | ACTION BY CLERK - Granted : 09/28/2010 | |
| 26 | 09/28/2010 | APPELLEE BRIEF & Addendum (e-filed) (PDF) | View |
| 27 | 09/28/2010 | E-FILED BRIEF (AEB) (PDF) | |
| 28 | 09/30/2010 | Received $25 surcharge for AEB (Receipt #19989) | |
| 29 | 09/30/2010 | Received 7 copies of AEB from CSD | |
| 30 | 10/18/2010 | NOTICE OF ORAL ARGUMENT SENT | |
| 31 | 11/29/2010 | APPEARANCES: Kent M. Morrow; Barbara L. Whelan | |
| 32 | 11/29/2010 | ARGUED: Kent M. Morrow; Barbara L. Whelan | |
| 33 | 11/29/2010 | ORAL ARGUMENT WEBCAST | |
| 34 | 02/08/2011 | DISPOSITION | |
| 35 | 02/08/2011 | UNANIMOUS OPINION : Crothers, Daniel John | View |
| 36 | 02/09/2011 | Corrected/Substitute Opinion Page 7 | |
| 37 | 02/09/2011 | Judgment Sent to Parties | |
| 38 | 03/02/2011 | MANDATE | |
| 39 | 03/08/2011 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE | |
| 40 | 02/15/2021 | EXPUNGED - Nonpermanent record items destroyed |