State v. Morales

Docket No. 20180366
Oral Argument: Tuesday, March 19, 2019 1:30 PM

Docket Info

Title
State of North Dakota, Plaintiff and Appellee
v.
Bradley Joe Morales, Defendant and Appellant
Case Type
CRIMINAL APPEAL : HOMICIDE
Appeal From
Case No. 2017-CR-01865
North Central Judicial District, Ward County
Douglas L. Mattson

Parties' Statement of Issues

  • Appellant

    I. Whether the district court created a structural error by denying Bradley Morales’ constitutional right to a public trial.
    II.Whether the district court committed reversable error bygranting the State’s Motion to Dismiss in Case Number 51-2017-CR-01779.
    III.Whether the district court committed reversable error by denying Bradley Morales’ constitutional right to self-representation.

  • Appellee 1

    1. The District Court did not create structural error and did not deny the defendant the right to a public trial.
    2. The District Court did not error in granting the State’s Motion to Dismiss.
    3. The District Court did not deny the defendant’s constitutional right to represent himself.


Summary

Bradley Joe Morales appeals a district court criminal judgment following a jury verdict finding him guilty of murdering his ex-girlfriend.

Morales argues a motion hearing, evidentiary hearing, and parts of his trial were closed to the public without the court performing the proper analysis under the Waller factors. He also argues the court should not have permitted the State to dismiss his original charge and convene a new trial because it was a ploy to judge-shop. Finally, Morales argues he should have been allowed to represent himself.

The State responds that the Waller factors were either found by the court or the lack of the findings was trivial. The State argues the dismissal was not a ploy to judge-shop and was an appropriate request on the State’s part. Finally, the State argues the court did not abuse its discretion by prohibiting Morales from conducting the remainder of his trial pro se.


Briefs

Filing Date Description
01/17/2019 APPELLANT BRIEF View
02/19/2019 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLEE STATE'S ATTORNEY Rozanna Christine Larson - 05294
APPELLANT PRO SE Bradley Joe Morales

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

Seq. # Filing Date Description Attachment
1 10/02/2018 NOTICE OF APPEAL : 10/02/2018
2 10/02/2018 ORDER FOR TRANSCRIPT : 10/03/2018
3 10/03/2018 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
4 10/03/2018 Notice served on Steven D. Mottinger and Rozanna C. Larson
5 10/10/2018 Rec'd Notice of Assignment of Counsel by Kiara Kraus-Parr, Counsel for Appellant.
6 11/01/2018 ELEC. RECORD ON APPEAL DATED OCT. 31, 2018 (ENT. NOS. 1-171, 175 - 244, 246-250, 252-280, 283-295)
7 11/01/2018 NOT REC'D 172-174, 245, 251, 281, 282
8 11/05/2018 ELECTRONIC TRANSCRIPTS DATED 8-24-17, 11-2-17, 2-15-18,3-15-18, 3-17-18, 4-6-18, 5-21-18, 5-22-18,
9 11/05/2018 5-23-18, 5-24-18, 9-28-18 & C.O.S.
10 11/08/2018 ORDER FOR TRANSCRIPT
11 11/09/2018 MOT. EXT/TIME TRANSCRIPT
12 11/09/2018 ACTION BY CHIEF JUSTICE - Granted : 12/14/2018
13 11/08/2018 Transcripts dated 5-17-18 (Chamber Hearing) and 5-18-18 (Chamber Hearing) & C.O.S Rec'd
14 12/07/2018 ELECTRONIC TRANSCRIPT DATED MAY 17 & 18, 2018 (1 VOL.) W/ REDACTION KEY, & C.O.S.
15 01/16/2019 ELEC. SUPP. RECORD ON APPEAL DATED (ENTRY NOS. 296-318)
16 01/17/2019 APPELLANT BRIEF View
17 01/17/2019 E-FILED BRIEF
18 01/17/2019 APPELLANT APPENDIX
19 01/17/2019 E-FILED APPENDIX
20 01/22/2019 Rec'd $25 ATB surcharge (Receipt No. 26851)
21 01/25/2019 Rec'd 6 copies of ATB from Central Duplicating
22 01/25/2019 Rec'd 6 copies of ATA from Central Duplicating
23 02/15/2019 Appellee's Brief non-compliant (over word limit)
24 02/15/2019 APPELLEE APPENDIX
25 02/19/2019 Rec'd revised AEB
26 02/19/2019 APPELLEE BRIEF View
27 02/19/2019 NOTICE OF ORAL ARGUMENT SENT
28 02/21/2019 Rec'd $25 surcharge for AEB (receipt #26909)
29 02/21/2019 Rec'd 6 copies of AEB and AEA from Central Duplicating?
30 03/08/2019 MOTION TO WITHDRAW AS COUNSEL BY KIARA C. KRAUS-PARR
31 03/08/2019 ACTION BY SUPREME COURT - Granted
32 03/08/2019 No Appearance by AT, policy of NDSP will not transport inmate for OA, waived under (e) and (f)
33 03/14/2019 MOTION FOR STAY/CONTINUANCE OF APPEAL FILED BY APPELLANT MORALES
34 03/15/2019 ACTION BY SUPREME COURT - Denied
35 03/19/2019 APPEARANCES: Rozanna C. Larson; appellant waived under N.D.R.App.P. 34(e) and (f)
36 03/19/2019 ARGUED: Rozanna C. Larson; appellant waived under N.D.R.App.P. 34(e) and (f)
37 03/19/2019 ORAL ARGUMENT WEBCAST
38 05/22/2019 2ND ELEC. SUPP. RECORD ON APPEAL DATED MAY 21, 2019 (ENTRY NOS. 319-322)