State v. Hunt
- State of North Dakota, Plaintiff and Appellee
Javonne Qwanae Hunt, Defendant and Appellant
- Case Type
- CRIMINAL APPEAL : ASSAULT
- Appeal From
Case No. 2018-CR-00176
South Central Judicial District, Burleigh County
John W. Grinsteiner
Parties' Statement of Issues
The district court erred by ordering Hunt to pay full restitution to Blue Cross Blue Shield as they are not victims under Article I, §25(4) of the North Dakota Constitution.
Whether the district court erred in awarding restitution to Blue Cross Blue Shield.
On October 23, 2017, Javonne Hunt was playing basketball at the YMCA in Bismarck, North Dakota when he became involved in an altercation with an opposing player. Hunt intentionally struck the player in the jaw causing a jaw bone fracture. Hunt was charged with aggravated assault as a result of the incident. On September 25, 2018, a jury trial was held and Hunt was found guilty of aggravated assault.
On October 30, 2018, a restitution hearing was held to determine the amount Hunt would be required to repay the victim. Hunt agreed to pay $3,233.07 to the victim, which would cover the victim’s out-of-pocket medical expenses. Kristin Sundsbak, a representative from Blue Cross Blue Shield (“BCBS”) testified BCBS paid $27,501.86 in expenses related to the medical treatment of Hunt’s victim. On October 30, 2018, the district court ordered Hunt to pay a total of $30,734.93 in restitution—$3,233.07 for the agreed upon out-of-pocket costs plus the $27,501.86 claimed by BCBS. On appeal, Hunt argues the district court erred in ordering him to pay restitution to BCBS.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
|Seq. #||Filing Date||Description||Attachment|
|1||11/27/2018||NOTICE OF APPEAL : 11/27/2018||View|
|2||11/27/2018||ORDER FOR TRANSCRIPT : 11/30/2018|
|3||11/29/2018||NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.|
|4||11/29/2018||Notice served on Yancy B. Cottrill and Tessa M. Vaagen|
|5||12/19/2018||ELECTRONIC TRANSCRIPT DATED OCTOBER 26, 2018 & C.O.S.|
|6||12/27/2018||ELEC. RECORD ON APPEAL DATED DECEMBER 26, 2018 (ENTRY NOS. 1-71)|
|7||01/09/2019||AMENDED ELEC. RECORD ON APPEAL DATED JANUARY 8, 2019 (ENTRY NOS. 1-3, 5-73)|
|9||01/25/2019||E-FILED BRIEF (PDF)|
|12||01/29/2019||Rec'd 6 copies of ATB & ATA from Central Duplicating|
|13||02/19/2019||Rec'd $25 IDB Payment|
|15||03/04/2019||Rec'd 6 copies of AEB from CSD|
|16||03/19/2019||NOTICE OF ORAL ARGUMENT SENT|
|17||04/04/2019||Rec'd $25 for AEB (receipt #26985)|
|18||04/15/2019||Request for Radio/TV Coverage|
|19||04/15/2019||ACTION BY CLERK (Bismarck Tribune still photography and recording) - Granted|
|20||04/18/2019||APPEARANCES: Yancy Cottrill/Tessa Vaagen|
|22||04/18/2019||ORAL ARGUMENT WEBCAST|