State v. Poulor

Docket No. 20190017
Oral Argument: Monday, June 24, 2019 10:00 AM

Docket Info

Title
State of North Dakota, Plaintiff and Appellee
v.
Kanakai Poulor, Defendant and Appellant
Case Type
CRIMINAL APPEAL : SEXUAL OFFENSE
Appeal From
Case No. 2018-CR-01630
East Central Judicial District, Cass County
Douglas R. Herman

Parties' Statement of Issues

  • Appellant

    The prosecution violated the Confrontation Clause when it presented, pursuant to N.D.R. Ev. 803(24), the substance of a testimonial forensic interview through the trial testimony of a lay witness who took no part in the recorded forensic interview, where defendant had no opportunity to confront the forensic interviewer who interviewed B.F.
    The District Court erred by overruling defendant’s objection to admit into evidence B.F.’s out of court statements about sexual abuse pursuant to N.D.R. Ev. 803(24).
    The evidence was insufficient to sustain the conviction of Gross Sexual Imposition.

  • Appellee 1

    I.The Defendant was afforded full rights to confront his accuser at trial.
    II.The district court did not abuse its discretion allowing evidence under Rule 803(24).
    III.The evidence was sufficient to sustain the conviction for Gross Sexual Imposition.


Summary

Kanakai Poulor appeals from a criminal judgment entered after a jury found him guilty of gross sexual imposition.

In April 2018, the State charged Poulor with one count of gross sexual imposition, a class A felony, alleging that in May 2017 Poulor had touched eight-year-old B.F. between her legs, inside her pants and underwear. In August 2018, the district court held a trial, and the case was tried to a jury. The jury subsequently found Poulor guilty of gross sexual imposition.

On appeal, Poulor argues the State violated the Confrontation Clause when it presented the substance of a testimonial forensic interview through the trial testimony of a lay witness who took no part in the recorded forensic interview, where Poulor had no opportunity to confront the forensic interviewer who interviewed B.F. Poulor also argues that the district court erred by overruling his objection to admit into evidence B.F.’s out-of-court statements about sexual abuse and that the evidence was insufficient to sustain the conviction of gross sexual imposition.


Briefs

Filing Date Description
04/26/2019 APPELLANT BRIEF View
05/24/2019 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLANT COURT APPOINTED Leah Rose Carlson - 07893
APPELLEE STATE'S ATTORNEY Ryan James Younggren - 06400

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

Seq. # Filing Date Description Attachment
1 01/16/2019 NOTICE OF APPEAL : 01/16/2019
2 01/16/2019 ORDER FOR TRANSCRIPT : 01/18/2019
3 01/17/2019 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
4 01/17/2019 Notice served on Marquis R. Bradshaw and Ryan J. Youngren
5 02/12/2019 ELEC. RECORD ON APPEAL DATED FEBRUARY 11, 2019 (ENTRY NOS. 1-35, 38-64)
6 02/13/2019 Received by U.S. Mail, docket entries 36 & 37 (2 discs)
7 02/13/2019 ELECTRONIC TRANSCRIPTS DATED JUNE 21, 2018 and key, JULY 25, 2018, JANUARY 7, 2019 and key & C.O.S.
8 02/13/2019 ELECTRONIC TRANSCRIPT DATED MAY 24, 2018 & C.O.S.
9 02/19/2019 Rec'd non-substantive corrections to 6-21-18 and 1-7-19 transcripts (redacted) and Redaction Keys
10 02/20/2019 Rec'd additional non-substantive corrections to 6-21-18 (redacted) and amended redaction key
11 02/25/2019 1ST ELEC. SUPP. RECORD ON APPEAL DATED FEBRUARY 20, 2019 (ENTRY NOS. 65-67)
12 03/18/2019 ELECTRONIC TRANSCRIPT DATED 8-7-18, 8-8-18, 8-9-18 & C.O.S. and KEY
13 04/26/2019 APPELLANT BRIEF View
14 04/26/2019 APPELLANT APPENDIX
15 04/26/2019 Have we rec'd $25 surcharge by IDB for ATB? (delete when satisfied) : 06/01/2019
16 05/01/2019 Rec'd c.o.s. on K. Poulor
17 04/30/2019 Rec'd 6 copies of ATB & ATA from CSD
18 05/22/2019 NOTICE OF ORAL ARGUMENT SENT
19 05/24/2019 APPELLEE BRIEF View
20 05/30/2019 Received non-substantive corrections to AEB (redaction) & proof of service
21 05/31/2019 Rec'd 6 copies of AEB from Central Duplicating
22 06/05/2019 Received $25 e-filing surcharge for AEB (Receipt #27104)
23 06/06/2019 Rec'd notification Amy Carlson is taking this case from here on out as counsel for appellant.