State v. Frederick
Docket Info
- Title
- State of North Dakota, Plaintiff and Appellee
v.
Demoris Omar Frederick, Defendant and Appellant - Case Type
- CRIMINAL APPEAL : ASSAULT
- Appeal From
-
Case No. 2021-CR-01079
South Central Judicial District, Burleigh County
Pamela Ann Nesvig
Parties' Statement of Issues
-
Appellant
I. Whether the district court created a structural error by denying Mr. Frederick’s constitutional right to a public trial.
II. Whether the district court created a reversable error by conducting voir dire off the record, making a transcript of the jury selection unavailable -
Appellee 1
1. Whether Frederick met his burden to demonstrate that the district court closed the courtroom during his trial.
2. Whether the failure to record voir dire or transcribe a sidebar is per se reversible error.
Summary
Demoris Frederick appeals from a criminal judgment entered after a jury convicted him of aggravated assault.
The State charged Frederick with aggravated assault and with conspiracy to commit aggravated assault. In November 2021, the district court held a jury trial. The jury subsequently found Frederick guilty of aggravated assault with a dangerous weapon but acquitted him of conspiracy to commit aggravated assault. The court sentenced Frederick, and a criminal judgment was entered.
On appeal, Frederick argues the district court created a structural error by denying his constitutional right to a public trial. He also contends the court created a reversible error by conducting voir dire off the record, making a transcript of the jury selection unavailable.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
Seq. # | Filing Date | Description | Attachment |
---|---|---|---|
1 | 03/01/2022 | NOTICE OF APPEAL : 03/01/2022 | |
2 | 03/01/2022 | ORDER FOR TRANSCRIPT : 03/03/2022 | |
3 | 03/03/2022 | NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV. | |
4 | 03/03/2022 | Notice served on Kent M. Morrow & Tessa M. Vaagen | |
5 | 03/05/2022 | Kiara C. Kraus-Parr appointed appellant counsel | |
6 | 03/07/2022 | AMENDED ORDER FOR TRANSCRIPT | |
7 | 03/08/2022 | Order denying request for transcripts filed in district court | |
8 | 03/08/2022 | Order denying request for transcripts filed in district court | |
9 | 03/15/2022 | MOTION FOR PRODUCTION OF TRANSCRIPTS | |
10 | 03/16/2022 | ACTION BY CHIEF JUSTICE - Granted | |
11 | 03/16/2022 | Order granting motion for production of transcripts | |
12 | 04/25/2022 | ELEC. REC. ON APPEAL DATED MARCH 25, 2022 (ENTRY NOS.1-238, 240, 246-268)(Not Rec'd - 239, 241-245) | |
13 | 04/25/2022 | ELEC. SUPP. RECORD ON APPEAL DATED APRIL 22, 2022(ENTRY NOS. 269-278) | |
14 | 04/26/2022 | 2ND ELEC. SUPP. RECORD ON APPEAL DATED APRIL 26, 2022 (ENTRY NOS. 279-285) | |
15 | 04/28/2022 | 3RD ELEC. SUPP. RECORD ON APPEAL DATED APRIL 27, 2022 (ENTRY NOS.286-289) | |
16 | 05/02/2022 | 4TH ELEC. SUPP. RECORD ON APPEAL DATED APRIL 29, 2022 (ENTRY NOS. 290-293) | |
17 | 05/02/2022 | 5TH ELEC. SUPP. RECORD ON APPEAL DATED MAY 2, 2022 (ENTRY NOS. 294-298) | |
18 | 05/03/2022 | All Transcripts Filed in Record | |
19 | 05/03/2022 | 6TH ELEC. SUPP. RECORD ON APPEAL DATED MAY 3, 2022 (ENTRY NOS. 299-303) | |
20 | 06/13/2022 | APPELLANT BRIEF | View |
21 | 06/13/2022 | Oral Argument Request by Appellant | |
22 | 06/16/2022 | Rec'd copies of ATB from Central Duplicating | |
23 | 07/13/2022 | APPELLEE BRIEF | View |
24 | 07/13/2022 | Oral Argument Request by Appellee | |
25 | 07/15/2022 | Rec'd copies of AEB from Central Duplicating | |
26 | 08/20/2022 | NOTICE OF ORAL ARGUMENT SENT | |
27 | 09/08/2022 | APPEARANCES: Kiara C. Kraus-Parr/Dennis H. Ingold | |
28 | 09/08/2022 | ARGUED: Kiara C. Kraus-Parr/Dennis H. Ingold | |
29 | 09/08/2022 | ORAL ARGUMENT WEBCAST | |
30 | 09/09/2022 | ANNOUNCED DISQUALIFICATION : VandeWalle, Gerald W. | |
31 | 11/08/2022 | 7TH ELEC. SUPP. RECORD ON APPEAL DATED NOVEMBER 7, 2022 (ENTRY NOS. 304-306) |