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State v. Rourke

Docket No. 20160302
Oral Argument: Tuesday, March 14, 2017 4:00 PM

Docket Info

Title
State of North Dakota, Plaintiff and Appellee
v.
J Erin Rourke, Defendant and Appellant
Case Type
CRIMINAL APPEAL : SEXUAL OFFENSE
Appeal From
Case No. 2015-CR-03157
East Central Judicial District, Cass County
Wade L. Webb
2017 ND 102893 N.W.2d 176

Highlight

A criminal defendant must preserve a sufficiency of the evidence argument for appeal by moving for a judgment of acquittal at trial under N.D.R.Crim.P. 29.
This Court exercises its power to notice obvious error cautiously, and only in exceptional circumstances. This Court need not exercise its discretion to notice obvious error when the appellee, not the appellant, raises the issue of obvious error on appeal, and the appellant does not point this Court to an obvious error that affects his substantial rights.


Briefs

Filing Date Description
12/19/2016 APPELLANT BRIEF View
01/17/2017 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLEE ASST. STATE'S ATTORNEY Ryan James Younggren - 06400
APPELLANT COURT APPOINTED Russell John Myhre - 03180

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

Seq. # Filing Date Description Attachment
1 09/01/2016 NOTICE OF APPEAL : 09/01/2016
2 09/01/2016 ORDER FOR TRANSCRIPT : 09/13/2016
3 09/06/2016 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
4 09/06/2016 Notice served on Russell J. Myhre & Ryan J. Younggren
5 09/16/2016 Second Notice of Appeal
6 09/16/2016 Second Order for Transcript (duplicate hearings requested as original otr)
7 09/19/2016 ELECTRONIC TRANSCRIPTS DATED JANUARY 26, 2016 AND APRIL 11, 2016 & C.O.S.
8 09/21/2016 NOT. OF FILING SECOND NOT. OF APPEAL AND PROOF OF SERV.
9 09/21/2016 Notice served on Russell J. Myhre, J. Erin Rourke, & Ryan J. Younggren
10 10/03/2016 ELEC. RECORD ON APPEAL DATED SEPTEMBER 30, 2016 (ENTRY NOS. 1-121)
11 11/04/2016 ELECTRONIC TRANSCRIPT DATED MAY 16, 2016 W/ REDACTION KEY & C.O.S.
12 11/09/2016 ELECTRONIC TRANSCRIPTS DATED MAY 17, 2016, MAY 18, 2016, MAY 19, 2016,
13 11/09/2016 AUGUST 15, 2016, REDACTION KEY & C.O.S.
14 12/19/2016 APPELLANT BRIEF View
15 12/19/2016 E-FILED BRIEF
16 12/19/2016 APPELLANT APPENDIX
17 12/19/2016 E-FILED APPENDIX
18 12/22/2016 Rec'd $25 e-filing surcharge for ATB (receipt #24972)
19 12/27/2016 Received non-substantive correction to ATB & ATA (title, name redaction & para numbering)
20 12/30/2016 Received C.O.S. for non-substantive corrected ATB & ATA
21 01/09/2017 Received 7 copies of ATB from Central Duplicating
22 01/09/2017 Received 6 copies of ATA from Central Duplicating
23 01/17/2017 REQUEST TO WAIVE ORAL ARGUMENT ON BEHALF OF APPELLANT
24 01/17/2017 E-FILED MOTION
25 01/17/2017 APPELLEE BRIEF View
26 01/17/2017 E-FILED BRIEF
27 01/20/2017 REQUEST TO WAIVE ORAL ARGUMENT ON BEHALF OF APPELLEE
28 01/20/2017 E-FILED MOTION
29 01/20/2017 Rec'd non-substantive correction to AEB (title)
30 01/23/2017 Rec'd $25 e-filing surcharge for AEB (receipt #25034)
31 01/23/2017 Rec'd non-substantive correction to AEB (title)
32 01/31/2017 Rec'd 6 copies of AEB from CSD
33 02/15/2017 ACTION BY SUPREME COURT (REQ TO WAIVE OA ON BEHALF OF APPELLANT) - Granted
34 02/15/2017 ACTION BY SUPREME COURT (REQ TO WAIVE OA ON BEHALF OF APPELLEE) - Granted
35 03/14/2017 APPEARANCES: Waived under N.D.R.App.P. 34(f)
36 03/14/2017 ARGUED: Waived under N.D.R.App.P. 34(f)
37 04/25/2017 DISPOSITION
38 04/25/2017 UNANIMOUS OPINION : McEvers, Lisa K. Fair View
39 04/26/2017 Judgment Sent to Parties
40 05/23/2017 MANDATE
41 08/11/2022 EXPUNGED - Nonpermanent record items destroyed