Search Tips

State v. Pemberton

Docket No. 20180414
Oral Argument: Tuesday, May 14, 2019 10:45 AM

Docket Info

Title
State of North Dakota, Plaintiff and Appellee
v.
Lorenzo Traveras Pemberton, Defendant and Appellant
Case Type
CRIMINAL APPEAL : MISC. STATUTORY OFFENSE (FELONY)
Appeal From
Case No. 2018-CR-00122
Southwest Judicial District, Stark County
William A. Herauf
2019 ND 157930 N.W.2d 125
Oral Argument 5/14/2019

Highlight

Defendant failed to support his claim that a probable cause finding for a non-cognizable offense was obvious error.

The amendment of an attempted murder charge, while an abuse of discretion, did not rise to the level of obvious error.

Defendant failed to support his claim an error in the jury instructions was obvious error.

Defendant failed to support his claim an error in the verdict form was obvious error.

Defendant failed to support his claim that irregularities in the admonishments given to the jury during trial were obvious errors.

Briefs

Filing Date Description
03/15/2019 APPELLANT BRIEF View
04/18/2019 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLEE ASST. STATE'S ATTORNEY Brittney Ann Piper - 06742
APPELLANT PRIVATE PRACTICE Scott Orel Diamond - 05773

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

Seq. # Filing Date Description Attachment
1 11/23/2018 NOTICE OF APPEAL : 11/23/2018
2 11/23/2018 ORDER FOR TRANSCRIPT : 11/26/2018
3 11/23/2018 This case is consolidated w/ 20180415. Make all entries except ROA, DIS, & MAN in this case.
4 11/23/2018 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
5 11/23/2018 Notice served on Scott O. Diamond, Tom M. Henning, and Matthew J. Arthurs
6 12/14/2018 Suspension of Transcript Preparation filed by Kay Erickson, Court Recorder
7 12/14/2018 Reset due date of Appellant's brief - Transcript Prepration Suspended (01/02/19)
8 12/17/2018 MOT. EXT/TIME TRANSCRIPT & APPELLANT'S BRIEF
9 12/17/2018 E-FILED MOTION
10 12/18/2018 ACTION BY CLERK (transcript due 02/09/19) - Granted : 02/09/2019
11 12/19/2018 ELEC. RECORD ON APPEAL DATED DECEMBER 18, 2018 (ENTRY NOS. 1-57, 59-85, 87-110, 113-152)
12 01/04/2019 (NOT SENT: 58, 86, 111, & 112)
13 02/06/2019 ELECTRONIC TRANSCRIPT DATED 5/7/18, 7/10/18, 8/14/18, 8/29/18, 8/30/18, 10/30/18 & C.O.S. & KEY
14 03/15/2019 APPELLANT BRIEF View
15 03/15/2019 E-FILED BRIEF (PDF)
16 03/15/2019 APPELLANT APPENDIX
17 03/15/2019 E-FILED APPENDIX
18 03/18/2019 Rec'd $25 filing fee for ATB
19 03/21/2019 Rec'd 6 copies of ATB back from Central Duplicating
20 03/21/2019 Rec'd 6 copies of ATA back from Central Duplicating
21 04/15/2019 Non-compliant AEB rec'd, given until 4-23-19 to revise (Stmt of Case/Stmt of Facts)
22 04/18/2019 APPELLEE BRIEF View
23 04/18/2019 Rec'd $25 e-filing surcharge for AEB (receipt #27018)
24 04/22/2019 Rec'd 6 copies of AEB from CSD
25 04/23/2019 NOTICE OF ORAL ARGUMENT SENT
26 05/14/2019 APPEARANCES: Scott O. Diamond; Brittney A. Bornemann
27 05/14/2019 ARGUED: Scott O. Diamond; Brittney A. Bornemann
28 05/14/2019 ORAL ARGUMENT WEBCAST
29 06/27/2019 DISPOSITION
30 06/27/2019 UNANIMOUS OPINION : Jensen, Jon J. View
31 06/27/2019 Concur in the result : McEvers, Lisa K. Fair
32 06/28/2019 Judgment Sent to Parties
33 07/25/2019 MANDATE