State v. Carrillo
Docket Info
- Title
- State of North Dakota, Plaintiff and Appellant
v.
Damian Carrillo, Defendant and Appellee - Case Type
- CRIMINAL APPEAL : DRUGS/CONTRABAND
- Appeal From
-
Case No. 2021-CR-00634
Northeast Central Judicial District, Grand Forks County
John A. Thelen
Highlight
A preliminary hearing is not a trial on the merits, and the State must only produce sufficient evidence to satisfy the court that a crime has been committed and that the accused is probably guilty.
The district court’s role in a preliminary hearing is not a trier of fact, but its function is solely to determine the existence or absence of probable cause.
The State is not required to introduce results of a field test or the state lab at a preliminary hearing, and probable cause can be established through circumstantial evidence and officer testimony. The State need only produce sufficient evidence to warrant a person of reasonable caution to believe a crime has been committed and the accused probably committed the crime.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
Seq. # | Filing Date | Description | Attachment |
---|---|---|---|
1 | 08/10/2021 | NOTICE OF APPEAL : 08/10/2021 | |
2 | 08/10/2021 | ORDER FOR TRANSCRIPT : 08/12/2021 | |
3 | 08/11/2021 | NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV. | |
4 | 08/11/2021 | Notice served on Carmell F. Mattison & Rhiannon L. Gorham | |
5 | 08/12/2021 | Sam Gereszek assigned as counsel for Damian Carrillo | |
6 | 08/23/2021 | Kiara Kraus-Parr assigned as counsel for Damian Carrillo | |
7 | 09/09/2021 | ELEC. RECORD ON APPEAL DATED SEPTEMBER 8, 2021 (ENTRY NOS.1-10, 13-35, 37-54 & 56-77) | |
8 | 09/14/2021 | ELECTRONIC TRANSCRIPT DATED JULY 12, 2021 | |
9 | 09/14/2021 | TRANSCRIPT C.O.S. | |
10 | 09/30/2021 | 1ST ELEC. SUPP. RECORD ON APPEAL DATED SEPTEMBER 29, 2021 (ENTRY NOS.78-82) | |
11 | 10/19/2021 | APPELLANT BRIEF | View |
12 | 10/19/2021 | Oral Argument Request by Appellant | |
13 | 10/19/2021 | Rec'd Written Consent of Carmell F. Mattison for Dierra Diegel, Law Student | |
14 | 10/21/2021 | Rec'd ATA & non-substantive corrections to ATB | |
15 | 10/21/2021 | APPELLANT APPENDIX | |
16 | 10/25/2021 | Rec'd 3 copies of ATB and 2 copies of ATA back from CD | |
17 | 11/15/2021 | APPELLEE BRIEF | View |
18 | 11/15/2021 | Oral Argument Request by Appellee | |
19 | 11/16/2021 | Rec'd AEB from CSD | |
20 | 11/24/2021 | NOTICE OF ORAL ARGUMENT SENT | |
21 | 12/13/2021 | APPEARANCES: Carmell F. Mattison; Kiara C. Kraus-Parr | |
22 | 12/13/2021 | ARGUED: Carmell F. Mattison; Kiara C. Kraus-Parr | |
23 | 12/13/2021 | ORAL ARGUMENT WEBCAST | |
24 | 12/23/2021 | DISPOSITION | View |
25 | 12/23/2021 | UNANIMOUS OPINION : McEvers, Lisa K. Fair | View |
26 | 12/23/2021 | Judgment | View |
27 | 01/14/2022 | MANDATE |