State v. Mohamud
- State of North Dakota, Plaintiff and Appellee
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
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.
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.
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.
(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.|
|11||12/17/2018||E-FILED BRIEF (PDF)|
|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|
|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|