State v. Hunt

Docket No. 20180423
Oral Argument: Thursday, April 18, 2019 9:30 AM

Docket Info

Title
State of North Dakota, Plaintiff and Appellee
v.
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

  • Appellant

    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.

  • Appellee 1

    Whether the district court erred in awarding restitution to Blue Cross Blue Shield.


Summary

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.


Briefs

Filing Date Description
01/25/2019 APPELLANT BRIEF View
02/25/2019 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLEE ASST. STATE'S ATTORNEY Tessa Marie Vaagen - 07828
APPELLANT COURT APPOINTED Yancy Baron Cottrill - 08006

(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)
8 01/25/2019 APPELLANT BRIEF View
9 01/25/2019 E-FILED BRIEF (PDF)
10 01/25/2019 APPELLANT APPENDIX
11 01/25/2019 E-FILED APPENDIX
12 01/29/2019 Rec'd 6 copies of ATB & ATA from Central Duplicating
13 02/19/2019 Rec'd $25 IDB Payment
14 02/25/2019 APPELLEE BRIEF View
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
21 04/18/2019 ARGUED: Cottrill/Vaagen
22 04/18/2019 ORAL ARGUMENT WEBCAST