State v. Rai
Docket No. 20180244
Oral Argument:
Tuesday, January 22, 2019 10:00 AM
Docket Info
- Title
- State of North Dakota, Plaintiff and Appellee
v.
Bhim Kumar Rai, Defendant and Appellant - Case Type
- CRIMINAL APPEAL : SEXUAL OFFENSE
- Appeal From
-
Case No. 2017-CR-04007
East Central Judicial District, Cass County
Wade L. Webb
2019 ND 71924 N.W.2d 410
Oral Argument
1/22/2019
Highlight
District court did not err in admitting lawfully obtained text message conversation from an undercover officer’s cell phone into evidence.
District court did not err in finding Miranda warnings were knowingly, voluntarily, and intelligently waived by defendant.
Defendant did not meet his burden of proof for N.D.R.Crim.P. Rule 29(a) motion for acquittal.
A rational fact-finder could find defendant failed to prove entrapment by a preponderance of the evidence.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
| Seq. # | Filing Date | Description | Attachment |
|---|---|---|---|
| 1 | 06/13/2018 | NOTICE OF APPEAL : 06/13/2018 | |
| 2 | 06/13/2018 | ORDER FOR TRANSCRIPT : 06/14/2018 | |
| 3 | 06/14/2018 | NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV. | |
| 4 | 06/14/2018 | Notice served on Laura L. Reynolds and Reid A. Brady | |
| 5 | 07/12/2018 | ELEC. RECORD ON APPEAL DATED JULY 11, 2018 (ENTRY NOS. 1 - 66, 68 - 84) RECEIVED EVENT #24 (DVD) & | |
| 6 | 07/12/2018 | RECEIVED EVENT #67 (CD) | |
| 7 | 07/27/2018 | Electronic Transcript dated February 20, 2018 & C.O.S. | |
| 8 | 08/06/2018 | Electronic Transcript dated June 11, 2018 & C.O.S. | |
| 9 | 08/13/2018 | ELECTRONIC TRANSCRIPTS DATED MAY 8, 2018, MAY 9, 2018, MAY 10, 2018 & C.O.S. | |
| 10 | 09/14/2018 | Kiara Costa Kraus-Parr appointed to represent Appellant. | |
| 11 | 09/17/2018 | 1ST ELEC. SUPP. RECORD ON APPEAL DATED SEPTEMBER 14, 2018 (ENTRY NOS. 85-86) | |
| 12 | 09/18/2018 | MOT. EXT/TIME APPELLANT BRIEF | |
| 13 | 09/18/2018 | ACTION BY CLERK - Granted : 10/22/2018 | |
| 14 | 10/22/2018 | APPELLANT BRIEF (PDF) | View |
| 15 | 10/22/2018 | E-FILED BRIEF (PDF) | |
| 16 | 10/22/2018 | APPELLANT APPENDIX | |
| 17 | 10/22/2018 | E-FILED APPENDIX | |
| 18 | 10/25/2018 | Rec'd c.o.s. of ATB & ATA on indigent appellant | |
| 19 | 10/25/2018 | Rec'd $25 e-filing surcharge for ATB (receipt #26682) | |
| 20 | 10/26/2018 | Rec'd 6 copies of ATB & ATA from CSD | |
| 21 | 11/09/2018 | APPELLEE BRIEF | View |
| 22 | 11/09/2018 | E-FILED BRIEF | |
| 23 | 11/13/2018 | Rec'd 6 copies of AEB from CSD | |
| 24 | 11/16/2018 | Rec'd $25 e-filing surcharge for AEB (receipt #26727) | |
| 25 | 12/17/2018 | NOTICE OF ORAL ARGUMENT SENT | |
| 26 | 01/22/2019 | APPEARANCES: Kiara Kraus-Parr/Reid Brady | |
| 27 | 01/22/2019 | ARGUED: Kraus-Parr/Brady | |
| 28 | 01/22/2019 | ORAL ARGUMENT WEBCAST | |
| 29 | 03/13/2019 | DISPOSITION | |
| 30 | 03/13/2019 | UNANIMOUS OPINION : VandeWalle, Gerald W. | View |
| 31 | 03/15/2019 | Judgment Sent to Parties | |
| 32 | 04/04/2019 | MANDATE | |
| 33 | 04/08/2019 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |