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State v. Bradshaw

Docket No. 20210306
Oral Argument: Monday, May 16, 2022 1:30 PM

Docket Info

Title
State of North Dakota, Plaintiff and Appellee
v.
Connor Bradshaw, Defendant and Appellant
Case Type
CRIMINAL APPEAL : SEXUAL OFFENSE
Appeal From
Case No. 2019-CR-00165
Northeast Judicial District, McHenry County
Michael Patrick Hurly
Oral Argument 5/16/2022

Parties' Statement of Issues

  • Appellant

    When redacted videos in this case should have been disclosed but were withheld did the trial judge err when he failed to use any of the remedies in the NDRCrimP16(d)(l)

  • Appellee 1

    Whether the district court erred in admitting a video recording of the child victim’s forensic interview wherein the child disclosed sexual abuse by Bradshaw in both McHenry County and in Ward County with the portions of the video referring to the sexual acts that occurred in Ward County muted.

Summary

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

In July 2019, Connor Bradshaw was charged with gross sexual imposition, in violation of N.D.C.C. § 12.1-20-03. Prior to trial, the State notified the court of its intention to offer A.Z.’s forensic interview. Anticipating defense counsel’s objection, the State had prepared a redacted version of the video which muted references to sexual acts by Bradshaw against A.Z. in a different county. The State sought to admit the unredacted video but if the district court found the statements about the sexual acts inadmissible, then the State sought to admit the redacted video. Bradshaw objected to the unredacted video because it referenced other bad acts not charged in the case and objected to the redacted video because he had not seen the redacted version. During trial, the redacted video of A.Z.’s forensic interview was admitted.

On appeal, Bradshaw argues the district court erred by failing to use one of the remedies under N.D.R.Crim.P. 16(d) when the redacted video was not disclosed prior to trial.

Briefs

Filing Date Description
03/15/2022 APPELLANT BRIEF View
04/14/2022 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLANT COURT APPOINTED Benjamin C Pulkrabek - 02908
APPELLEE STATE'S ATTORNEY Joshua Edwin Frey - 07840

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

Seq. # Filing Date Description Attachment
1 10/28/2021 NOTICE OF APPEAL : 10/28/2021
2 10/28/2021 ORDER FOR TRANSCRIPT : 10/29/2021
3 10/28/2021 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
4 10/28/2021 Notice Served on Ulysses S. Jones and Joshua E. Frey
5 11/23/2021 ELEC. RECORD ON APPEAL DATED NOVEMBER 22, 2021 (ENTRY NOS.1-104)(NOT ELEC. 3,48,58,77-78)
6 11/26/2021 AMENDED ELEC. RECORD ON APPEAL DATED NOVEMBER 24, 2021 (ENTRY NOS.1-106)(NOT ELEC. 3,48,58,77-78)
7 12/14/2021 Rec'd notice of assignment of court-appointed counsel, Benjamin C. Pulkrabek
8 12/17/2021 MOT. EXT/TIME TRANSCRIPT
9 12/22/2021 ACTION BY TRIAL COURT - Granted : 01/27/2022
10 01/27/2022 ELECTRONIC TRANSCRIPT DATED APRIL 6, 2021 - JURY TRIAL DAY 1
11 01/27/2022 ELECTRONIC TRANSCRIPT DATED APRIL 7, 2021 - JURY TRIAL DAY 2
12 01/27/2022 ELECTRONIC TRANSCRIPT DATED APRIL 7, 2021 - JURY TRIAL DAY 3
13 01/27/2022 REDACTION KEY FOR ELECTRONIC TRANSCRIPT DATED APRIL 6 - 8, 2021
14 01/27/2022 ELECTRONIC TRANSCRIPT DATED OCTOBER 5, 2021
15 01/27/2022 REDACTION KEY FOR ELECTRONIC TRANSCRIPT DATED OCTOBER 5, 2021
16 01/27/2022 TRANSCRIPT C.O.S.
17 03/05/2022 MOT. EXT/TIME APPELLANT BRIEF
18 03/08/2022 ACTION BY CLERK - Granted : 03/22/2022
19 03/08/2022 ELEC. SUPP. RECORD ON APPEAL DATED MARCH 7, 2022 (ENTRY NOS. 107-112 )
20 03/14/2022 Appellant Brief (non-compliant)
21 03/15/2022 APPELLANT BRIEF View
22 03/15/2022 Oral Argument Request by Appellant
23 03/21/2022 Rec'd corrections to ATB
24 03/23/2022 Rec'd 3 copies of ATB back from CD
25 04/14/2022 APPELLEE BRIEF View
26 04/14/2022 Oral Argument Request by Appellee
27 04/19/2022 Rec'd 3 copies of AEB back from CD
28 04/20/2022 NOTICE OF ORAL ARGUMENT SENT
29 05/16/2022 APPEARANCES: Benjamin C. Pulkrabek and Joshua E. Frey
30 05/16/2022 ARGUED: Benjamin C. Pulkrabek and Joshua E. Frey
31 05/16/2022 ORAL ARGUMENT WEBCAST