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State v. Banyee

Docket No. 20180251
Oral Argument: Tuesday, June 30, 2020 10:45 AM

Docket Info

Title
State of North Dakota, Plaintiff and Appellee
v.
Nyynkpao Banyee, Defendant and Appellant
Case Type
CRIMINAL APPEAL : THEFT
Appeal From
Case No. 2017-CR-04758
East Central Judicial District, Cass County
John Charles Irby
Oral Argument 6/30/2020

Parties' Statement of Issues

  • Appellant

    Appellant’s Brief Issues 20180251
    I. The evidence against Nyynkpao Banyee was not legally sufficient to sustain the district court’s finding of guilt on the charge of Robbery
    II. The district court abused its discretion in admitting Exhibits #3 and #4

    Supplemental Appellant’s Brief Issues 20180251
    Whether there exists legally sufficient evidence to sustain the conviction of Nyynkpao Banyee (hereinafter “Banyee”)?
    Whether the district court committed reversible error by admitting evidence used to establish an essential element of the crime?

    Appellant’s Brief Issue 20190281
    Whether Nyynkpao Banyee (hereinafter “Banyee”) received Constitutionally effective representation?

  • Appellee 1

    I. Whether I.M.’s and T.H.’s testimony that the Defendant pointed a gun at them during a theft and Officer Fauske’s testimony relating to the Defendant’s consciousness of guilt constituted competent evidence allowing the district court to draw an inference reasonably tending to prove the Defendant committed robbery.
    II. Whether the district court acted within its discretion in admitting photos that I.M. identified as depicting his stolen iPad, and even if admission had been improper, it was harmless error.

  • Appellee 2

    Whether the district court correctly concluded that Banyee failed to prove ineffective assistance of counsel.


Briefs

Filing Date Description
09/25/2018 APPELLANT BRIEF View
10/18/2018 APPELLEE BRIEF View
05/11/2020 SUPPLEMENTAL APPELLANT BRIEF View
05/11/2020 APPELLANT BRIEF (20190281) View
06/04/2020 APPELLEE BRIEF (20190281) View

Counsel

Party Type Name
APPELLANT COURT APPOINTED Samuel A. Gereszek - 07040
APPELLEE ASST. STATE'S ATTORNEY Reid Alan Brady - 05696

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

Seq. # Filing Date Description Attachment
1 06/18/2018 NOTICE OF APPEAL : 06/18/2018
2 06/18/2018 ORDER FOR TRANSCRIPT : 06/19/2018
3 06/19/2018 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
4 06/19/2018 Notice served on Steven D. Mottinger and Reid A. Brady
5 06/19/2018 Rec'd Notice of Assignment of Counsel by Caitlyn A. Pierson
6 07/10/2018 ELECTRONIC TRANSCRIPT DATED APRIL 10, 2018
7 07/10/2018 C.O.S for transcript dated April 10, 2019
8 07/11/2018 ELECTRONIC TRANSCRIPTS DATED NOVEMBER 29, 2017
9 07/11/2018 ELECTRONIC TRANSCRIPTS DATED DECEMBER 13, 2017
10 07/11/2018 C.O.S FOR TRANSCRIPTS DATED NOVEMBER 29, 2017 AND DECEMBER 13, 2017
11 07/19/2018 ELEC. RECORD ON APPEAL DATED JULY 18, 2018 (ENTRY NOS. 1 - 32) NOT RECIEVED ENTRY NO. 21
12 07/20/2018 RECIEVED ENTRY NO. 21 - STATES EXHIBIT #1 CD
13 08/03/2018 ELECTRONIC TRANSCRIPTS DATED FEBRUARY 28, 2018
14 08/03/2018 ELECTRONIC TRANSCRIPTS DATED APRIL 4, 2018
15 08/03/2018 C.O.S FOR ELECTRONIC TRANSCRIPTS DATED FEBRUARY 28, 2018 & APRIL 4, 2018
16 08/06/2018 ELECTRONIC TRANSCRIPT DATED JANUARY 31, 2018
17 08/06/2018 C.O.S FOR ELECTRONIC TRANSCRIPT DATED JANUARY 31, 2018
18 08/16/2018 ELECTRONIC TRANSCRIPT DATED JUNE 1, 2018
19 08/16/2018 ELECTRONIC TRANSCRIPT DATED JUNE 1, 2018, REDACTION KEY
20 08/16/2018 C.O.S FOR ELECTRONIC TRANSCRIPT DATED JUNE 1, 2018
21 09/24/2018 Rec'd $25 e-filing surcharge for ATB (Receipt #26602)
22 09/25/2018 APPELLANT BRIEF View
23 09/25/2018 E-FILED BRIEF (PDF)
24 09/25/2018 APPELLANT APPENDIX
25 09/25/2018 E-FILED APPENDIX
26 10/02/2018 Rec'd 6 copies each of ATB & ATA from CD
27 10/18/2018 APPELLEE BRIEF View
28 10/18/2018 E-FILED BRIEF (PDF)
29 10/19/2018 Rec'd 6 copies of AEB back from Central Duplicating
30 10/24/2018 Rec'd $25 e-filing surcharge for AEB (receipt #26672)
31 11/14/2018 NOTICE OF ORAL ARGUMENT SENT
32 12/06/2018 MOTION TO DEFER FURTHER ACTION PENDING POST-CONVICTION RELIEF
33 12/06/2018 E-FILED MOTION
34 12/07/2018 ACTION BY SUPREME COURT - Granted
35 12/07/2018 STAY PENDING DISPOSITION of 09-2018-CV-04084 & any timely appeal thereof
36 08/21/2019 ELECTRONIC TRANSCRIPT DATED OCTOBER 27, 2017
37 08/21/2019 Certificate of Service for Transcript
38 09/20/2019 Consolidated with 20190281. Make all entries except ROA, DIS in this case.
39 09/20/2019 Ashley K. Schell appointed to represent Appellant
40 10/21/2019 1ST ELEC. SUPP. RECORD ON APPEAL DATED OCTOBER 18, 2019 (ENTRY NOS. 33-34 )
41 10/28/2019 ELECTRONIC TRANSCRIPT DATED APRIL 18, 2019
42 11/13/2019 ELECTRONIC TRANSCRIPT DATED JULY 12, 2019
43 11/13/2019 ELECTRONIC TRANSCRIPT DATED JULY 12, 2019 REDACTION KEY
44 11/13/2019 C.O.S FOR TRANSCRIPT DATED JULY 12, 2019
45 12/09/2019 Stipulation to brief additional issue in criminal case
46 12/09/2019 ACTION BY CHIEF JUSTICE - Granted
47 12/20/2019 MOT. EXT/TIME APPELLANT BRIEF (20190281) and supplemental brief (20180251)
48 12/20/2019 ACTION BY CHIEF JUSTICE - Granted : 01/22/2020
49 01/13/2020 MOTION TO WITHDRAW AS COUNSEL BY Ashley K. Schell
50 01/22/2020 NO ACTION TAKEN (referred to district court)
51 01/23/2020 Briefing stayed pending motion to withdraw
52 02/07/2020 Motion to Withdraw Counsel granted
53 02/14/2020 2nd ELEC. SUPP. RECORD ON APPEAL DATED FEBRUARY 13, 2020 (ENTRY NOS. 35-41)
54 02/24/2020 Samuel Gereszek appointed to represent Appellant
55 02/24/2020 3rd ELEC. SUPP. RECORD ON APPEAL DATED FEBRUARY 24, 2020 (ENTRY NOS. 42-43)
56 04/15/2020 MOT. EXT/TIME APPELLANT BRIEF
57 04/16/2020 ACTION BY CHIEF JUSTICE - Granted : 05/18/2020
58 05/11/2020 SUPPLEMENTAL APPELLANT BRIEF View
59 05/11/2020 Oral Argument Request by Appellant
60 05/11/2020 APPELLANT BRIEF (20190281) View
61 05/11/2020 Oral Argument Request by Appellant
62 05/11/2020 APPELLANT APPENDIX
63 05/14/2020 Rec'd c.o.s for Supplemental ATB
64 05/15/2020 Rec'd 5 copies of ATB & Supplemental ATB
65 05/19/2020 Rec'd 5 copies of ATA from CSD
66 05/21/2020 NOTICE OF ORAL ARGUMENT SENT
67 05/26/2020 REQUEST TO WAIVE ORAL ARGUMENT ON BEHALF OF APPELLEE
68 05/26/2020 ACTION BY SUPREME COURT - Granted
69 06/04/2020 APPELLEE BRIEF (20190281) View
70 06/05/2020 Rec'd 5 copies of AEB from CSD
71 06/03/2020 MOTION FOR EXTENSION OF TIME TO FILE SUPPLEMENTAL STATEMENT
72 06/05/2020 ACTION BY SUPREME COURT - Granted : 06/23/2020
73 06/10/2020 Rule 24 N.D.R.App.P. Supplemental Statement by Indigent Defendant View
74 06/11/2020 Rec'd 5 copies of Rule 24 Supp Stmt from CSD
75 06/30/2020 APPEARANCES: Samuel A. Gereszek; Appellee wavied under N.D.R.App.P. 34(a)(1)(c)
76 06/30/2020 ARGUED: Samuel A. Gereszek; Appellee wavied under N.D.R.App.P. 34(a)(1)(c)
77 06/30/2020 ORAL ARGUMENT WEBCAST