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State v. Martinez

Docket No. 20190407
Oral Argument: Thursday, June 4, 2020 1:30 PM

Docket Info

Title
State of North Dakota, Plaintiff and Appellee
v.
Juan Antonio Martinez, Defendant and Appellant
Case Type
CRIMINAL APPEAL : SEXUAL OFFENSE
Appeal From
Case No. 2017-CR-01616
Northwest Judicial District, Williams County
Benjamen James Johnson
Oral Argument 6/4/2020

Parties' Statement of Issues

  • Appellant

    I. Whether the district court created a structural error by denying Juan Martinez’s constitutional right to a public trial.

  • Appellee 1

    The District Court properly analyzed both the Waller factors and the factors found at N.D.C.C. §12.1-35-05.2.


Summary


Juan Martinez appeals from a criminal judgment entered after a jury found he was guilty of continuous sexual abuse of a child.
Martinez was charged with one count of continuous sexual abuse of a child, a class AA felony. The State moved to close the courtroom during the trial for the testimony of two witnesses. The district court granted the motions, but allowed an exception for one member of the press to remain in the courtroom. A jury trial was held, and the courtroom was closed for the two witnesses’ testimony. The jury found Martinez was guilty.
On appeal, Martinez argues the district court committed a structural error by closing the courtroom and denying Martinez’s constitutional right to a public trial.


Briefs

Filing Date Description
04/01/2020 APPELLANT BRIEF View
04/30/2020 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLANT COURT APPOINTED Kiara Costa Kraus-Parr - 06688
APPELLEE ASST. STATE'S ATTORNEY Nathan Kirke Madden - 06518

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

Seq. # Filing Date Description Attachment
1 12/23/2019 NOTICE OF APPEAL : 12/23/2019
2 12/23/2019 ORDER FOR TRANSCRIPT : 12/24/2019
3 12/24/2019 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
4 12/24/2019 Notice served on Kiara Costa Kraus-Parr and Nathan K. Madden
5 01/16/2020 ELEC. RECORD ON APPEAL DATED JANUARY 15, 2020 (ENTRY NOS. 1-100, 102-160, 163-245)
6 01/16/2020 (NOT SENT: 101, 161, 162)
7 02/21/2020 ELECTRONIC TRANSCRIPT DATED NOVEMBER 17, 2017
8 02/21/2020 ELECTRONIC TRANSCRIPT DATED DECEMBER 14, 2017 (Preliminary Hearing)
9 02/21/2020 ELECTRONIC TRANSCRIPT DATED DECEMBER 14, 2017 (Bond Hearing)
10 02/21/2020 ELECTRONIC TRANSCRIPT DATED FEBRUARY 6, 2018
11 02/21/2020 ELECTRONIC TRANSCRIPT DATED MARCH 6, 2018
12 02/21/2020 ELECTRONIC TRANSCRIPT DATED APRIL 5, 2018
13 02/21/2020 ELECTRONIC TRANSCRIPT DATED MAY 1, 2018
14 02/21/2020 ELECTRONIC TRANSCRIPT DATED JUNE 8, 2018
15 02/21/2020 ELECTRONIC TRANSCRIPT DATED JUNE 26, 2018
16 02/21/2020 ELECTRONIC TRANSCRIPT DATED JANUARY 30, 2019
17 02/21/2020 ELECTRONIC TRANSCRIPT DATED FEBRUARY 6, 2019
18 02/21/2020 ELECTRONIC TRANSCRIPT DATED FEBRUARY 8, 2019
19 02/21/2020 ELECTRONIC TRANSCRIPT DATED FEBRUARY 11, 2019
20 02/21/2020 ELECTRONIC TRANSCRIPT DATED FEBRUARY 12, 2019
21 02/21/2020 ELECTRONIC TRANSCRIPT DATED FEBRUARY 13, 2019
22 02/21/2020 ELECTRONIC TRANSCRIPT DATED FEBRUARY 14, 2019
23 02/21/2020 ELECTRONIC TRANSCRIPT DATED APRIL 8, 2019
24 02/21/2020 ELECTRONIC TRANSCRIPT DATED JUNE 11, 2019
25 02/21/2020 ELECTRONIC TRANSCRIPT DATED SEPTEMBER 17, 2019
26 02/21/2020 ELECTRONIC TRANSCRIPT DATED OCTOBER 28, 2019
27 02/21/2020 ELECTRONIC TRANSCRIPT DATED NOVEMBER 6, 2019
28 02/21/2020 ELECTRONIC TRANSCRIPT DATED DECEMBER 5, 2019
29 02/21/2020 Certificate of Service for Transcripts
30 02/25/2020 AMENDED ELEC. RECORD ON APPEAL DATED FEBRUARY 24, 2020 (ENTRY NOS. 1-100, 102-160, 163-246)
31 02/25/2020 (NOT SENT: 101, 161, 162)
32 02/26/2020 1ST ELEC. SUPP. RECORD ON APPEAL DATED FEBRUARY 25, 2020 (ENTRY NOS. 247-248)
33 03/06/2020 Rec'd non-substantive corrections to transcripts (redaction)
34 03/06/2020 Redaction Key for Transcripts
35 03/15/2020 Rec'd additional non-substantive corrections to transcripts (redaction)
36 04/01/2020 APPELLANT BRIEF View
37 04/01/2020 Oral Argument Request by Appellant
38 04/01/2020 APPELLANT APPENDIX
39 04/03/2020 Rec'd 6 copies of ATB and ATA from CSD
40 04/21/2020 Rule 24 N.D.R.App.P. Supplemental Statement by Indigent Defendant View
41 04/30/2020 APPELLEE BRIEF View
42 04/30/2020 Rec'd corrections to AEB
43 05/01/2020 Rec'd 5 copies of AEB back from Central Duplicating
44 05/21/2020 NOTICE OF ORAL ARGUMENT SENT
45 06/04/2020 APPEARANCES: Kiara C. Kraus-Parr; Appellee waived under N.D.R.App.P. 34(a)(1)(c)
46 06/04/2020 ARGUED: Kiara C. Kraus-Parr; Appellee waived under N.D.R.App.P. 34(a)(1)(c)
47 06/04/2020 ORAL ARGUMENT WEBCAST