State v. Mohamud

Docket No. 20180333
Oral Argument: Tuesday, March 19, 2019 10:45 AM

Docket Info

Title
State of North Dakota, Plaintiff and Appellee
v.
Abdiwali Mohamud, Defendant and Appellant
Case Type
CRIMINAL APPEAL : ASSAULT
Appeal From
Case No. 2017-CR-00928
Northeast Central Judicial District, Grand Forks County
Lolita G. Hartl Romanick

Parties' Statement of Issues

  • Appellant

    1. Whether the District Court erred when it denied Mr. Mohamud's motion to dismiss as a result of unnecessary delay.
    2. Whether there was sufficient evidence to convict Mr Mohamud.
    a. There was insufficient evidence to convict Mr. Mohamud of aggravated assault.
    b. There was insufficient evidence to convict Mr. Mohamud of interreference with an emergency call.
    c. There was insufficient evidence to convict Mr. Mohamud of terrorizing.
    3. Whether Mr. Mohamud's sentence was illegal.

  • Appellee 1

    I. Whether the district court erred when it denied the Mohamud’s motion to dismiss as a result of unnecessary delay.
    II.Whether there was sufficient evidence to convict the Mohamud of each count charged.
    a. Whether there was sufficient evidence to convict Mohamud of aggravated assault – domestic violence.
    b. Whether there was sufficient evidence to convict the Mohamud of interference with an emergency call.
    c. Whether there was sufficient evidence to convict the Mohamud of terrorizing.
    III.Whether the Mohamud’s sentence was illegal.


Summary

Abdiwali Mohamud appeals from a criminal judgment, entered after a jury trial, finding him guilty of aggravated assault—domestic violence, interference with telephone during emergency call, and terrorizing. On March 14, 2016, Mohamud was charged with aggravated assault—domestic violence, interference with telephone during emergency call, and terrorizing. These charges were related to an incident involving Mohamud’s wife, which occurred on March 12, 2016. A preliminary hearing was held on April 18, 2016, and the district court found probable cause existed to support the charges. On September 16, 2016 the State filed a motion to dismiss the case against Mohamud based upon an unavailable witness. The court dismissed the case without prejudice on September 20, 2016, prior to any response by Mohamud.
Roughly eight months later, on May 5, 2017, the State re-charged Mohamud with aggravated assault—domestic violence, interference with telephone during emergency call, and terrorizing. Mohamud was ordered to have no contact with his wife on June 12, 2017, and also not to have contact with his son on June 13, 2017. On September 27, 2017 the State filed a motion in limine requesting Mohamud not be allowed to discuss his previously dismissed case. Mohamud’s attorney filed a motion to dismiss the case on September 28, 2017. The district court granted the State’s motion in limine and denied Mohamud’s motion to dismiss on October 27, 2017. On December 7, 2017, Mohamud made an oral motion to the court requesting the case be dismissed. The court denied the second motion to dismiss based on timeliness. A trial was held from August 21 through August 23, 2018. Mohamud was found guilty on all three charges. As part of the criminal judgment, Mohamud was ordered to have no contact with his minor child.
On appeal, Mohamud argues the district court erred in denying his motion to dismiss for unnecessary delay, there was insufficient evidence to convict him of the three charges, and he was given an illegal sentence.


Briefs

Filing Date Description
12/17/2018 APPELLANT BRIEF View
01/16/2019 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLANT COURT APPOINTED Kiara Costa Kraus-Parr - 06688
APPELLEE ASST. STATE'S ATTORNEY Rachel Rae Egstad - 07830

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

Seq. # Filing Date Description Attachment
1 09/05/2018 NOTICE OF APPEAL : 09/05/2018
2 09/05/2018 ORDER FOR TRANSCRIPT : 09/07/2018
3 09/07/2018 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
4 09/07/2018 Notice served on Rachel R. Egstad and Abdiwali Mohamud
5 09/20/2018 Rec'd acknowledgment of appeal from Marsha Allmaras, Court Reporter
6 10/02/2018 Rec'd Not. of Assign. of Counsel by Kiara Kraus-Parr.
7 10/08/2018 ELEC. RECORD ON APPEAL DATED OCTOBER 5, 2018 (ENTRY NOS.1 - 121 & 136 -- 154) NOT REC'D 122 - 135
8 11/06/2018 ELECTRONIC TRANSCRIPT DATED AUGUST 21, 2018 W/ REDACTION KEY, AUGUST 22, 2018
9 11/06/2018 W/ REDACTION KEY, AUGUST 23, 2018, & C.O.S.
10 12/17/2018 APPELLANT BRIEF View
11 12/17/2018 E-FILED BRIEF (PDF)
12 12/17/2018 APPELLANT APPENDIX
13 12/17/2018 E-FILED APPENDIX
14 12/20/2018 Rec'd $25.00 e-filing surcharge for ATB and ATA
15 12/20/2018 Rec'd 6 copies of ATB back from Central Duplicating
16 12/20/2018 Rec'd 6 copies of ATA back from Central Duplicating
17 01/16/2019 APPELLEE BRIEF View
18 01/16/2019 E-FILED BRIEF (PDF)
19 01/18/2019 Rec'd $25 e-filing surcharge of AEB (receipt #26850)
20 01/22/2019 Rec'd 6 copies of AEB back frm Central Duplicating
21 02/19/2019 NOTICE OF ORAL ARGUMENT SENT
22 03/19/2019 APPEARANCES: Kiara C. Kraus-Parr; Rachel R. Egstad
23 03/19/2019 ARGUED: Kiara C. Kraus-Parr; Rachel R. Egstad
24 03/19/2019 ORAL ARGUMENT WEBCAST