State v. Rogers
Docket No. 20170389
Oral Argument:
Monday, September 17, 2018 10:45 AM
Docket Info
- Title
- State of North Dakota, Plaintiff and Appellee
v.
Mark Allen Rogers, Defendant and Appellant - Case Type
- CRIMINAL APPEAL : SEXUAL OFFENSE
- Appeal From
-
Case No. 2014-CR-01616
North Central Judicial District, Ward County
Stacy Joan Louser
2018 ND 244919 N.W.2d 193
Oral Argument
9/17/2018
Highlight
Defendant appeals from a district court judgment for gross sexual imposition. Because the district court did not make individualized findings supporting closure of the competency hearing under Waller, the Sixth Amendment public trial guarantee wasviolated. The restitution award was proper and it is affirmed consistent with our remand. We remand for further proceedings.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
| Seq. # | Filing Date | Description | Attachment |
|---|---|---|---|
| 1 | 11/02/2017 | NOTICE OF APPEAL : 11/02/2017 | |
| 2 | 11/02/2017 | ORDER FOR TRANSCRIPT : 11/02/2017 | |
| 3 | 11/02/2017 | NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV. | |
| 4 | 11/02/2017 | Notice served on Raissa R. Carpenter and Kelly Dillon | |
| 5 | 11/06/2017 | Rec'd Notice of Assignment of Counsel by Laura Ringsak. Do not cont. to copy Raissa Carpenter. | |
| 6 | 12/05/2017 | ELEC. RECORD ON APPEAL DATED (ENTRY NOS.2, 4-37, 39-145) (not sent 38) | |
| 7 | 12/15/2017 | 1ST ELEC. SUPP. RECORD ON APPEAL DATED DECEMBER 14, 2017 (ENTRY NOS. 146-156) | |
| 8 | 12/27/2017 | ELECTRONIC TRANSCRIPTS DATED JULY 23, 2014, AUGUST 12, 2014, AUGUST 28, 2014, | |
| 9 | 12/27/2017 | NOVEMBER 5, 2014, JANUARY 23, 2015, NOVEMBER 14, 2016, DECEMBER 13, 2016 | |
| 10 | 12/27/2017 | JANUARY 19, 2017, JANUARY 25, 2017, FEBRUARY 1, 2017, MARCH 28, 2017, | |
| 11 | 12/27/2017 | SEPTEMBER 7, 2017, OCTOBER 23, 2017 AND C.O.S. | |
| 12 | 01/23/2018 | 2ND ELEC. SUPP. RECORD ON APPEAL DATED JANUARY 22, 2018 (ENTRY NOS.157-166) | |
| 13 | 01/29/2018 | Expedited Motion for Withdrawal as counsel (pending in district court) | |
| 14 | 01/29/2018 | MOT. EXT/TIME APPELLANT BRIEF | |
| 15 | 01/29/2018 | E-FILED MOTION | |
| 16 | 01/31/2018 | ACTION BY ACTING CHIEF JUSTICE - Granted : 04/06/2018 | |
| 17 | 02/21/2018 | 3RD ELEC. SUPP. RECORD ON APPEAL DATED FEBRUARY 20, 2018 (ENTRY NOS.167-178) | |
| 18 | 03/14/2018 | Notice of Assignment of Kiara Kraus-Parr following w/drawal of Ringsak | |
| 19 | 03/14/2018 | ELEC. SUPP. RECORD ON APPEAL DATED (ENTRY NOS.179-185 ) | |
| 20 | 03/15/2018 | MOT. EXT/TIME APPELLANT BRIEF | |
| 21 | 03/15/2018 | E-FILED MOTION | |
| 22 | 03/15/2018 | ACTION BY CHIEF JUSTICE - Granted : 05/16/2018 | |
| 23 | 04/02/2018 | 5TH ELEC. SUPP. RECORD ON APPEAL DATED MARCH 29, 2018 (ENTRY NOS. 186-188) | |
| 24 | 04/06/2018 | AMENDED NOTICE OF APPEAL | |
| 25 | 04/09/2018 | NOT. OF FILING AMENDED NOT. OF APPEAL AND PROOF OF SERV. | |
| 26 | 04/09/2018 | Notice served on Kiara Kraus-Parr and Kelly A. Dillon | |
| 27 | 04/26/2018 | 6TH ELEC. SUPP. RECORD ON APPEAL DATED APRIL 25, 2018 (ENTRY NOS. 189-192) | |
| 28 | 05/16/2018 | Rec'd Appt. from Aaron Birst, Special Asst.Ward Cty SAO. Kelly Dillion removed from counsel screen. | |
| 29 | 05/16/2018 | APPELLANT BRIEF (PDF) | View |
| 30 | 05/16/2018 | E-FILED BRIEF (PDF) | |
| 31 | 05/16/2018 | APPELLANT APPENDIX | |
| 32 | 05/16/2018 | E-FILED APPENDIX | |
| 33 | 05/22/2018 | Rec'd non-substantive correction (ATA) (pge #28 missing) | |
| 34 | 05/23/2018 | Rec'd C.O.S. for AX1 | |
| 35 | 05/24/2018 | Rec'd 6 copies of ATB & 6 copies of ATA from Central Duplicating | |
| 36 | 05/29/2018 | Rec'd $25 surcharge for ATB (receipt #26194) | |
| 37 | 06/11/2018 | APPELLEE BRIEF | View |
| 38 | 06/11/2018 | E-FILED BRIEF | |
| 39 | 06/13/2018 | Rec'd 6 copies of AEB from Central Duplicating | |
| 40 | 06/27/2018 | Rec'd $25 surcharge for AEB (receipt #26273) | |
| 41 | 08/02/2018 | NOTICE OF ORAL ARGUMENT SENT | |
| 42 | 09/17/2018 | APPEARANCES: Kiara C. Kraus-Parr; Aaron G. Birst | |
| 43 | 09/17/2018 | ARGUED: Kiara C. Kraus-Parr; Aaron G. Birst | |
| 44 | 09/17/2018 | ORAL ARGUMENT WEBCAST | |
| 45 | 09/18/2018 | ANNOUNCED DISQUALIFICATION : McEvers, Lisa K. Fair | |
| 46 | 11/06/2018 | DISPOSITION | |
| 47 | 11/06/2018 | UNANIMOUS OPINION : Tufte, Jerod E. | View |
| 48 | 11/07/2018 | Judgment Sent to Parties | |
| 49 | 11/26/2018 | Benjamin D. Migdal appointed to represent Appellant | |
| 50 | 11/28/2018 | MANDATE |