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.
(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 |