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.
(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 |