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State v. Linner

Docket No. 20210362
Oral Argument: Monday, October 31, 2022 10:45 AM

Docket Info

Title
State of North Dakota, Plaintiff and Appellee
v.
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
Oral Argument 10/31/2022

Parties' Statement of Issues

  • Appellant

    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.

  • Appellee 1

    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.

Summary

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.

Briefs

Filing Date Description
07/25/2022 APPELLANT BRIEF View
09/16/2022 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLANT COURT APPOINTED Monty Grant Mertz - 03778
APPELLEE STATE'S ATTORNEY Kelley Marie Riley Cole - 06358

(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
28 07/25/2022 APPELLANT BRIEF View
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
35 09/16/2022 APPELLEE BRIEF View
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