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
2019 ND 215

Highlight

The admission into evidence of a witness’s out-of-court testimonial statements does not violate the Confrontation Clause if a defendant has an opportunity to cross-examine a witness at trial.

Rule 803(24), N.D.R.Ev., provides an exception to the rule against hearsay for a child’s statement about sexual abuse, regardless of whether the declarant is available as a witness.

A conviction will be reversed on appeal on the ground of insufficient evidence only if, after viewing the evidence and all reasonable inferences in the light most favorable to the verdict, no rational factfinder could have found the defendant guilty beyond a reasonable doubt.


Briefs

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

Counsel

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

(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 06/28/2019 ELECTRONIC TRANSCRIPTS DATED JUNE 21, 2018
8 02/13/2019 ELECTRONIC TRANSCRIPTS DATED JUNE 21, 2018 - key
9 02/13/2019 ELECTRONIC TRANSCRIPT DATED JULY 25, 2018
10 02/13/2019 ELECTRONIC TRANSCRIPT DATED JANUARY 7, 2019
11 02/13/2019 ELECTRONIC TRANSCRIPT DATED JANUARY 7, 2019 - key
12 02/13/2019 ELECTRONIC TRANSCRIPT - COS
13 02/13/2019 ELECTRONIC TRANSCRIPT DATED MAY 24, 2018
14 02/13/2019 ELECTRONIC TRANSCRIPT - C.O.S.
15 02/19/2019 Rec'd non-substantive corrections to 6-21-18 and 1-7-19 transcripts (redacted) and Redaction Keys
16 02/20/2019 Rec'd additional non-substantive corrections to 6-21-18 (redacted) and amended redaction key
17 02/25/2019 1ST ELEC. SUPP. RECORD ON APPEAL DATED FEBRUARY 20, 2019 (ENTRY NOS. 65-67)
18 03/18/2019 ELECTRONIC TRANSCRIPT DATED 8/7/18
19 03/18/2019 ELECTRONIC TRANSCRIPT DATED 8/8/18
20 03/18/2019 ELECTRONIC TRANSCRIPT DATED 8/9/18
21 03/18/2019 TRANSCRIPT KEY FOR 8/7-8/9 (confidential)
22 03/18/2019 TRANSCRIPT C.O.S.
23 04/26/2019 APPELLANT BRIEF View
24 04/26/2019 APPELLANT APPENDIX
25 05/01/2019 Rec'd c.o.s. on K. Poulor
26 04/30/2019 Rec'd 6 copies of ATB & ATA from CSD
27 05/22/2019 NOTICE OF ORAL ARGUMENT SENT
28 05/24/2019 APPELLEE BRIEF View
29 05/30/2019 Received non-substantive corrections to AEB (redaction) & proof of service
30 05/31/2019 Rec'd 6 copies of AEB from Central Duplicating
31 06/05/2019 Received $25 e-filing surcharge for AEB (Receipt #27104)
32 06/06/2019 Rec'd notification Amy Carlson is taking this case from here on out as counsel for appellant
33 06/18/2019 Rec'd $25 surcharge by IDB for ATB
34 06/24/2019 APPEARANCES: Leah R. Carlson; Ryan J. Younggren
35 06/24/2019 ARGUED: Leah R. Carlson; Ryan J. Younggren
36 06/24/2019 ORAL ARGUMENT WEBCAST
37 08/22/2019 DISPOSITION
38 08/22/2019 UNANIMOUS OPINION : McEvers, Lisa K. Fair View