State v. Scott
Docket No. 20190317
Oral Argument:
Thursday, May 7, 2020 10:45 AM
Docket Info
- Title
- State of North Dakota, Plaintiff and Appellee
v.
Richard Earl Scott, Defendant and Appellant - Case Type
- CRIMINAL APPEAL : SEXUAL OFFENSE
- Appeal From
-
Case No. 2018-CR-01476
South Central Judicial District, Burleigh County
John W. Grinsteiner
2020 ND 160946 N.W.2d 704
Oral Argument
5/7/2020
Highlight
There is no requirement for the district court to advise defendants they may plead not guilty based on the defense of double jeopardy.
The defense of double jeopardy is not presentable to the jury unless there is a question of fact.
Rule 803(24), N.D.R.Ev., which provides an exception to certain hearsay statements made by a child about sexual abuse, does not apply to non-hearsay testimony.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
| Seq. # | Filing Date | Description | Attachment |
|---|---|---|---|
| 1 | 10/15/2019 | NOTICE OF APPEAL : 10/15/2019 | |
| 2 | 10/15/2019 | ORDER FOR TRANSCRIPT | |
| 3 | 10/17/2019 | NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV. | |
| 4 | 10/17/2019 | Notice served on Bradley S. Rose and Julie Lawyer | |
| 5 | 10/23/2019 | Notice of Assignment of Benjamin Pulkrabek as Appellant's counsel | |
| 6 | 10/25/2019 | Amended Notice of Appeal (Preliminary Issues) | |
| 7 | 10/25/2019 | Order for Transcript (same as OTR filed 10/15/19) | |
| 8 | 10/28/2019 | NOT. OF FILING AMENDED NOT. OF APPEAL AND PROOF OF SERV. | |
| 9 | 10/28/2019 | Notice served on Benjamin C. Pulkrabek and Julie Lawyer | |
| 10 | 11/13/2019 | ELEC. RECORD ON APPEAL DATED NOVEMBER 12, 2019 (ENTRY NOS. 1-169) | |
| 11 | 12/16/2019 | ELECTRONIC TRANSCRIPT DATED JUNE 18, 2018 | |
| 12 | 12/16/2019 | ELECTRONIC TRANSCRIPT DATED SEPTEMBER 17, 2018 | |
| 13 | 12/16/2019 | ELECTRONIC TRANSCRIPT DATED MAY 28, 2019 | |
| 14 | 12/16/2019 | ELECTRONIC TRANSCRIPT DATED MAY 29, 2019 | |
| 15 | 12/16/2019 | REDACTION KEY FOR MAY 28 AND 29, 2019 TRANSCRIPTS | |
| 16 | 12/16/2019 | ELECTRONIC TRANSCRIPT DATED OCTOBER 4, 2019 | |
| 17 | 12/16/2019 | REDACTION KEY FOR TRANSCRIPTS DATED JUNE 18, 2018, SEPTEMBER 17, 2018, AND OCTOBER 4, 2019 | |
| 18 | 12/16/2019 | Certifiate of Service for Transcripts | |
| 19 | 12/20/2019 | Rec'd non-substantive corrections to transcripts (redaction) | |
| 20 | 12/27/2019 | ORDER FOR TRANSCRIPT : 01/03/2020 | |
| 21 | 12/27/2019 | MOT. EXT/TIME APPELLANT BRIEF and transcripts | |
| 22 | 12/31/2019 | ACTION BY CHIEF JUSTICE - Granted : 02/24/2020 | |
| 23 | 01/09/2020 | Rec'd non-substantive corrections to transcript dated 10-4-19 (redaction) | |
| 24 | 01/10/2020 | ELECTRONIC TRANSCRIPT DATED MAY 11, 2018 | |
| 25 | 01/10/2020 | Certificate of Service for Transcript | |
| 26 | 01/13/2020 | REDACTION KEY FOR ELECTRONIC TRANSCRIPT DATED MAY 11, 2018 | |
| 27 | 01/14/2020 | Rec'd non-substantive correction to 5/11/18 transcript (redaction) | |
| 28 | 02/13/2020 | APPELLANT BRIEF | View |
| 29 | 02/13/2020 | Oral Argument Request by Appellant | |
| 30 | 02/13/2020 | APPELLANT APPENDIX | |
| 31 | 02/24/2020 | Rec'd 6 copies of ATB and ATA back from Cntral Duplicating | |
| 32 | 02/28/2020 | MOT. EXT/TIME APPELLEE BRIEF | |
| 33 | 02/28/2020 | ACTION BY CLERK - Granted : 04/13/2020 | |
| 34 | 04/13/2020 | APPELLEE BRIEF | View |
| 35 | 04/16/2020 | Rec'd 5 copies of AEB back from Central Duplicating | |
| 36 | 04/22/2020 | NOTICE OF ORAL ARGUMENT SENT | |
| 37 | 05/07/2020 | APPEARANCES: Benjamin C. Pulkrabek; Julie Lawyer | |
| 38 | 05/07/2020 | ARGUED: Benjamin C. Pulkrabek; Julie Lawyer | |
| 39 | 05/07/2020 | ORAL ARGUMENT WEBCAST | |
| 40 | 07/22/2020 | DISPOSITION | |
| 41 | 07/22/2020 | UNANIMOUS OPINION : McEvers, Lisa K. Fair | View |
| 42 | 07/27/2020 | Judgment Sent to Parties | |
| 43 | 08/17/2020 | MANDATE |