State v. Hoehn

Docket No. 20180400
Oral Argument: Tuesday, May 28, 2019 2:45 PM

Docket Info

Title
State of North Dakota, Plaintiff and Appellee
v.
William Henry Hoehn, Defendant and Appellant
Case Type
CRIMINAL APPEAL : HOMICIDE
Appeal From
Case No. 2017-CR-03672
East Central Judicial District, Cass County
Thomas R. Olson

Parties' Statement of Issues

  • Appellant

    I. Whether Mr. Hoehn’s sentence was illegal.
    a. Mr. Hoehn was not convicted of an offense that seriously endangered the life of another person.
    b. There was insufficient evidence that Mr. Hoehn had previously been convicted of a similar offense.
    c. The use of a life expectancy table is not authorized by statute and violated the prohibition on Ex Post Facto punishment.
    II. Whether the trial court committed obvious error by not complying with Rule 11, thereby creating a manifest injustice to Mr. Hoehn.

  • Appellee 1

    I. Whether the evidence is sufficient to aupport a finding that the Defendant is a Dangerous Special Offender.
    II. Whether it was proper to use the life expectancy table pursuant to N.D.C.C. § 12.1-32-09.1(2) and North Dakota Administrative Rule 51 to determine the Defendant's life expectancy for purposes of sentencing.
    III. Whether the Defendant was subjected to a manifest injustice because the district court did not address the possible sentencing enhancement in open court.


Summary

William Hoehn appeals from the district court’s amended judgment. Hoehn pled guilty to conspiracy to commit kidnapping and to giving false information to law enforcement with the additional status that Hoehn was a special dangerous offender. He was sentenced to life with possibility of parole. At the time of sentencing, Hoehn had a life expectancy of 42 years.

Hoehn was dating Brooke Crews and they were living together. Crews killed Savanna Greywind in the process of cutting a baby from her womb. Hoehn hid the baby and concealed Greywind’s body.

Hoehn argues: he was incorrectly designated a special dangerous offender because under N.D.C.C. § 12.1-32-09(1)(d), the crimes he pled guilty to did not seriously endanger the life of another nor had he been convicted of a similar crime previously; the use of a life expectancy table is not authorized by statute and is thus ex post facto punishment; the trial court did not advise him of the possible sentencing ramifications of entering a guilty plea; and, the amended judgment incorrectly lists the kidnapping count by failing to state he was guilty of “conspiracy” to commit kidnapping.


Briefs

Filing Date Description
02/19/2019 APPELLANT BRIEF View
03/21/2019 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLANT COURT APPOINTED Kiara Costa Kraus-Parr - 06688
APPELLEE ASST. STATE'S ATTORNEY Leah Jo Viste - 05692

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

Seq. # Filing Date Description Attachment
1 10/30/2018 NOTICE OF APPEAL : 10/30/2018
2 10/30/2018 ORDER FOR TRANSCRIPT
3 11/01/2018 Appointment of Kiara Costa Kraus-Parr to represent Appellant.
4 11/01/2018 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
5 11/01/2018 Notice served on Kiara Costa Kraus-Parr, Daniel J. Borgen, & Leah J. Viste
6 11/05/2018 AMENDED ORDER FOR TRANSCRIPT
7 11/07/2018 SECOND AMENDED ORDER FOR TRANSCRIPT : 11/08/2018
8 11/27/2018 ELEC. RECORD ON APPEAL DATED NOVEMBER 26, 2018 (ENTRY NOS. 1-115, 117-119, 122-202, 208-234, CONT.)
9 11/27/2018 (CONT. 236-240, 242-243 AND 247-290) ITEMS NOT ELEC: 116, 120-121, 203-207, 235, 241, 244-246
10 11/27/2018 REC'D VIA U.S. MAIL DEFENDANT'S EXHIBITS-D, #5, #6, #88, #89, #90, #92, #93, #124, (cont)
11 11/27/2018 (cont) #200, #204, 6(A), 6(B)-broken into 5 parts/DVDs
12 11/29/2018 AMENDED NOTICE OF APPEAL
13 11/30/2018 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
14 11/30/2018 Notice served on Kiara Kraus Parr and Leah J. Viste
15 12/03/2018 ELEC. SUPP. RECORD ON APPEAL DATED NOVEMBER 30, 2018 (ENTRY NOS. 291 - 294 )
16 12/11/2018 ELECTRONIC TRANSCRIPTS DATED 8/28/17
17 12/11/2018 ELECTRONIC TRANSCRIPT DATED 12/6/17
18 12/11/2018 ELECTRONIC TRANSCRIPT DATED 9/4/18
19 12/11/2018 ELECTRONIC TRANSCRIPT DATED 9/4/18 KEY
20 12/11/2018 ELECTRONIC TRANSCRIPT DATED 10/29/18
21 12/11/2018 ELECTRONIC TRANSCRIPT DATED 10/29/18 KEY (confidential)
22 12/11/2018 TRANSCRIPTS & KEYS C.O.S.
23 12/18/2018 ELECTRONIC TRANSCRIPTS DATED 1/16/18
24 12/18/2018 ELECTRONIC TRANSCRIPT DATED 2/9/18
25 12/18/2018 TRANSCRIPTS C.O.S.
26 01/09/2019 MOT. EXT/TIME TRANSCRIPT
27 01/09/2019 E-FILED MOTION
28 01/09/2019 ACTION BY TRIAL COURT - Granted : 01/09/2019
29 01/09/2019 ELECTRONIC TRANSCRIPTS DATED 9/18/18
30 01/09/2019 ELECTRONIC TRANSCRIPT DATED 9/19/18
31 01/09/2019 ELECTRONIC TRANSCRIPT DATED 9/20/18
32 01/09/2019 ELECTRONIC TRANSCRIPT DATED 9/21/18
33 01/09/2019 ELECTRONIC TRANSCRIPT DATED 9/24/18
34 01/09/2019 ELECTRONIC TRANSCRIPT DATED 9/25/18
35 01/09/2019 ELECTRONIC TRANSCRIPT DATED 9/26/18
36 01/09/2019 ELECTRONIC TRANSCRIPT DATED 9/27/18
37 01/09/2019 ELECTRONIC TRANSCRIPT DATED 9/28/18
38 01/09/2019 TRANSCRIPTS C.O.S.
39 02/19/2019 APPELLANT BRIEF View
40 02/19/2019 E-FILED BRIEF
41 02/19/2019 APPELLANT APPENDIX
42 02/19/2019 E-FILED APPENDIX
43 02/25/2019 Rec'd non-substantive corrections to ATB
44 02/25/2019 Rec'd $25 e-filing surcharge for ATB (receipt #26918 )
45 02/27/2019 Rec'd 6 copies of ATB & ATA from CSD
46 03/18/2019 Rule 24 N.D.R.App P. Supplemental Statement by Indigent Defendant View
47 03/21/2019 APPELLEE BRIEF View
48 03/21/2019 E-FILED BRIEF (PDF)
49 03/25/2019 Rec'd $25.00 surcharge for AEB (receipt #26963)
50 03/25/2019 Rec'd 6 copies of AEB back from Central Duplicating
51 04/23/2019 NOTICE OF ORAL ARGUMENT SENT
52 05/22/2019 Request for Radio/TV Coverage - approved Prairie Public Radio
53 05/24/2019 2ND ELEC. SUPP. RECORD ON APPEAL DATED MAY 23, 2019 (ENTRY NOS. 295-302)
54 05/28/2019 APPEARANCES: Kiara C. Kraus-Parr; Leah J. Viste
55 05/28/2019 ARGUED: Kiara C. Kraus-Parr; Leah J. Viste
56 05/28/2019 ORAL ARGUMENT WEBCAST