State v. Linner
- State of North Dakota, Plaintiff and Appellee
Jonathan Garrett Linner, Defendant and Appellant
- Case Type
- CRIMINAL APPEAL : SEXUAL OFFENSE
- Appeal From
Case No. 2020-CR-00107
Northeast Judicial District, Walsh County
Barbara L. Whelan
Parties' Statement of Issues
1. Whether there was structural error in closing the court for limited voir dire.
2. Whether the State’s voir dire was prejudicial or denied defendant due process of law.
3. Whether the court improperly ordered no contact with the defendant’s minor children as a condition of the sentence.
I. Linner waived his right to a public trial and Linne/s substantial rights were not violated by the closure of the courtroom for limited voir dire.
II. The State's voir dire was proper, was not prejudicial and did not violate Linner's due process.
III. The trial court had authority to issue an order prohibiting contact with the minor children.
Jonathan Linner appeals from a criminal judgment entered after a jury convicted him of continuous sexual abuse of a child.
In May 2020, the State charged Linner with continuous sexual abuse of a child, a class AA felony. In August 2021, the district court held a jury trial. The jury returned a verdict finding Linner guilty of continuous sexual abuse of a child. The court subsequently sentenced Linner to life in prison without the possibility of parole. As part of his sentence, he was ordered to have no contact with his minor children.
On appeal, Linner argues that there was structural error in closing the court for limited voir dire, that the State’s voir dire was prejudicial or denied him due process of law, and that the district court improperly ordered no contact with his minor children as a condition of the sentence.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
|Seq. #||Filing Date||Description||Attachment|
|1||12/30/2021||NOTICE OF APPEAL : 12/30/2021|
|2||12/30/2021||ORDER FOR TRANSCRIPT|
|3||12/30/2021||NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.|
|4||12/30/2021||Notice served on Ulysses S. Jones & Kelly M. R. Cole|
|5||01/25/2022||ELEC. RECORD ON APPEAL DATED JANUARY 24, 2022 (ENTRY NOS.1-4, 6-68, 70-87, 89-103 & 105-141)|
|6||01/25/2022||(ENTRY NOS. NOT SENT 5, 69, 88 & 104)|
|7||01/25/2022||AMENDED ELEC. RECORD ON APPEAL DATED JANUARY 25, 2022 (ENTRY NOS. 1-4, 6-68, 70-88, 90-103 &|
|8||01/25/2022||105-141) (ENTRY NOS NOT SENT 5, 69, 89 & 104)|
|9||02/26/2022||ELECTRONIC TRANSCRIPT DATED AUGUST 2, 2021|
|10||02/26/2022||ELECTRONIC TRANSCRIPT DATED AUGUST 3, 2021|
|11||02/26/2022||ELECTRONIC TRANSCRIPT DATED AUGUST 4, 2021|
|12||02/26/2022||ELECTRONIC TRANSCRIPT DATED AUGUST 5, 2021|
|13||02/26/2022||ELECTRONIC TRANSCRIPT DATED DECEMBER 15, 2021|
|14||02/26/2022||REDACTION KEY FOR TRANSCRIPTS|
|15||03/02/2022||Certificate of Service for transcripts|
|16||03/07/2022||Rec'd non-substantive corrections to transcripts (redactions)|
|17||03/08/2022||Rec'd c.o.s. for tra on Elizabeth B. Brainard|
|18||03/08/2022||ELEC. SUPP. RECORD ON APPEAL DATED FEBRUARY 2, 2022 (ENTRY NOS. 1-4, 6-68, 70-88, 90-103, 105-145)|
|19||03/08/2022||Elizabeth B. Brainard appointed to represent Appellant|
|20||03/31/2022||MOT. EXT/TIME APPELLANT BRIEF|
|21||03/31/2022||MOTION TO UNTIMELY FILE TRANSCRIPTS|
|22||04/08/2022||SECOND ORDER FOR TRANSCRIPT : 04/18/2022|
|23||04/04/2022||Supplemental info. regarding m. for ext. for Appellant's brief and m. to untimely file transcripts|
|24||04/06/2022||ACTION BY CHIEF JUSTICE - Granted|
|25||04/08/2022||ACTION BY CHIEF JUSTICE (40 days after last transcript filed) - Granted|
|26||04/20/2022||2ND ELEC. SUPP. RECORD ON APPEAL DATED APRIL 19, 2022 (ENTRY NOS. 142-149)|
|27||06/13/2022||All Transcripts Filed in Record|
|29||07/25/2022||Oral Argument Request by Appellant|
|30||08/03/2022||Rec'd corrections to ATB (paragraph #s, toc ref paragraph #s)|
|31||08/05/2022||Rec'd c.o.s. for corrections to ATB|
|32||08/09/2022||Rec'd 3 copies of ATB from CSD|
|33||08/22/2022||MOT. EXT/TIME APPELLEE BRIEF|
|34||08/23/2022||ACTION BY CLERK - Granted : 09/16/2022|
|36||09/16/2022||Oral Argument Request by Appellee|
|37||09/19/2022||Rec'd corrections to AEB (ref to appendix)|
|38||09/21/2022||NOTICE OF ORAL ARGUMENT SENT|
|39||09/23/2022||Rec'd 3 copies of AEB from CSD|
|40||10/31/2022||APPEARANCES: Elizabeth B. Brainard; Kelley M. R. Cole|
|41||10/31/2022||ARGUED: Elizabeth B. Brainard; Kelley M. R. Cole|
|42||10/31/2022||ORAL ARGUMENT WEBCAST|
|43||01/20/2023||Withdrawal & Substitution of Counsel by Monty G. Mertz for Elizabeth B. Brainard||View|