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State v. Midell

Docket No. 20100286
Oral Argument: Thursday, February 24, 2011 2:45pm

Docket Info

Title
State of North Dakota, Plaintiff and Appellant
v.
Willie Demar Midell, Defendant and Appellee
Case Type
CRIMINAL APPEAL : SEXUAL OFFENSE
Appeal From
Case No. 10-CR-01385
East Central Judicial District, Cass County
Wickham Corwin
2011 ND 114798 N.W.2d 645
Oral Argument 2/24/2011

Highlight

In light of the limited purpose and scope of a preliminary hearing, the district court has the authority to assess the credibility of witnesses only when, as a matter of law, the testimony is implausible or incredible.
A mere conflict of testimony in a preliminary hearing is a question of fact left for the jury, and that the district court must draw the inference favorable to the prosecution.
Section 12.1-20-03(1)(c), N.D.C.C., does not require the victim to have been actually unaware that a sexual act was being committed upon her; it requires the defendant to have actually known, or have reasonable cause to believe, that the victim was unaware a sexual act was being committed upon her.

Briefs

Filing Date Description
11/08/2010 APPELLANT BRIEF (e-filed) View
12/08/2010 APPELLEE BRIEF (e-filed) PDF View

Counsel

Party Type Name
APPELLANT ASST. STATE'S ATTORNEY Mark Rainer Boening - 03797
APPELLEE COURT APPOINTED Monty Grant Mertz - 03778

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

Seq. # Filing Date Description Attachment
1 09/07/2010 NOTICE OF APPEAL : 09/07/2010
2 09/07/2010 ORDER FOR TRANSCRIPT : 09/07/2010
3 09/27/2010 TRANSCRIPT DATED SEPTEMBER 1, 2010, & C.O.S.
4 09/27/2010 DISK-TRA (9/1/10) E-MAILED
5 10/08/2010 RECORD ON APPEAL (electronic, 1-43)
6 11/08/2010 APPELLANT BRIEF (e-filed) View
7 11/08/2010 E-FILED BRIEF (ATB)
8 11/08/2010 APPELLANT APPENDIX (e-filed)
9 11/08/2010 E-FILED APPENDIX (ATA)
10 11/12/2010 Consent for 3rd year law student, Taylor Olson, to represent State in oral argument
11 11/12/2010 Received $25 surcharge for ATB (Receipt #20053)
12 11/15/2010 Received 7 copies of ATB from CSD
13 11/15/2010 Received 6 copies of ATA from CSD
14 11/10/2010 Received correction to AEB.
15 12/08/2010 APPELLEE BRIEF (e-filed) PDF View
16 12/08/2010 E-FILED BRIEF (AEB) PDF
17 12/16/2010 Received 7 copies of AEB from Central Duplicating.
18 01/19/2011 NOTICE OF ORAL ARGUMENT SENT
19 02/09/2011 E-filing surcharge for AEB paid 12/14/10 through inter-departmental billing.
20 02/24/2011 APPEARANCES: Mark R. Boening; Taylor Olson; Monty G. Mertz
21 02/24/2011 ARGUED: Taylor Olson; Monty G. Mertz
22 02/24/2011 ORAL ARGUMENT WEBCAST
23 06/21/2011 DISPOSITION
24 06/21/2011 UNANIMOUS OPINION : VandeWalle, Gerald W. View
25 06/23/2011 Judgment Sent to Parties
26 07/05/2011 Received correction to PER to comply w/word limit.
27 07/05/2011 PETITION FOR REHEARING (e-filed) View
28 07/05/2011 E-FILED BRIEF (PER)
29 07/08/2011 Received 7 copies of PER from Central Duplicating.
30 07/13/2011 ACTION BY SUPREME COURT (PER) - Denied
31 08/02/2011 MANDATE
32 08/09/2011 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
33 03/22/2021 EXPUNGED - Nonpermanent record items destroyed