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State v. Hannesson

Docket No. 20220244
Oral Argument: Thursday, April 13, 2023 10:45 AM

Docket Info

Title
State of North Dakota, Plaintiff and Appellee
v.
Benjamin Robert Hannesson, Defendant and Appellant
Case Type
CRIMINAL APPEAL : MISC. STATUTORY OFFENSE (FELONY)
Appeal From
Case No. 2018-CR-00202
Northeast Judicial District, Pembina County
Lonnie Olson

Parties' Statement of Issues

  • Appellant

    1. Whether there was sufficient evidence to convict Defendant of the charges.
    2. Whether the State committed prosecutorial misconduct by impermissibly shifting the burden by stating before the Jury that the Defendant was free to call an expert witness to challenge boot print impression evidence.

  • Appellee 1

    1. Whether there is sufficient evidence to support the guilty verdicts of the jury when the evidence is viewed in the light most favorable to the
    prosecution.
    2. Whether the curative instruction given removes any prejudice caused by Prosecutor’s statement.

Summary

Benjamin Hannesson appeals from a criminal judgment entered after a jury trial.

The State charged Hannesson with gross sexual imposition, burglary, theft of property, terrorizing, felonious restraint, and two counts of physical obstruction of a government function. The State alleged Hannesson broke into a woman’s home, restrained her, sexually assaulted her, stole money, and threatened to slit her throat if she called the police. The jury returned guilty verdicts on every count except for the obstruction charges.

On appeal, Hannesson argues the evidence presented at trial is insufficient to sustain the guilty verdicts. He also argues his right to due process was violated when the State commented, in the presence of the jury, that he would have an opportunity to call an expert witness.

Briefs

Filing Date Description
01/06/2023 APPELLANT BRIEF View
03/06/2023 APPELLEE BRIEF View
03/20/2023 REPLY BRIEF View

Counsel

Party Type Name
APPELLANT PRIVATE PRACTICE Peter Benson Wold - 03636
APPELLEE STATE'S ATTORNEY Garret M. Fontaine - 09353

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

Seq. # Filing Date Description Attachment
1 08/22/2022 NOTICE OF APPEAL : 08/22/2022
2 08/23/2022 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
3 08/23/2022 Notice Served on Peter B. Wold, Rebecca L. Flanders & Karlei K. Neaufeld
4 08/30/2022 AMENDED NOTICE OF APPEAL (PRELIMINARY ISSUES)
5 08/31/2022 NOT. OF FILING AMENDED NOT. OF APPEAL AND PROOF OF SERV.
6 08/31/2022 Notice Served on Peter B. Wold, Rebecca L. Flanders & Karlei K. Neaufeld
7 08/31/2022 ORDER FOR TRANSCRIPT : 08/30/2022 View
8 09/21/2022 ELEC. RECORD ON APPEAL DATED SEPTEMBER 20, 2022(ENTRY NOS.1-256, 258-392, 394-451, 453, 460-581, View
9 09/21/2022 583-587, 592-617, 620-710)(NOT ELEC. 257, 393, 452, 454-459, 582, 588-591, 618, 619)(NO ENTRY -
10 09/21/2022 711-714)
11 09/22/2022 AMENDED ELEC. RECORD ON APPEAL DATED SEPTEMBER 21, 2022 (ENTRY NOS. 1-256, 258-392, 394-451, 453, View
12 09/22/2022 460-581, 583-587, 592-617, 620-710, 715, 716) (NOT ELEC. 257, 393, 452, 454-459, 582, 588-591,
13 09/22/2022 618, 619)(NO ENTRY - 711-714)
14 09/28/2022 MOT. EXT/TIME APPELLANT BRIEF
15 09/29/2022 ACTION BY CLERK (30 days after filing of transcripts) - Granted
16 10/27/2022 MOT. EXT/TIME TRANSCRIPT View
17 10/27/2022 ACTION BY TRIAL COURT - Granted : 11/28/2022
18 10/28/2022 1ST ELEC. SUPP. RECORD ON APPEAL DATED OCTOBER 27, 2022 (ENTRY NOS. 717-725) View
19 11/28/2022 2ND ELEC. SUPP. RECORD ON APPEAL DATED NOVEMBER 28, 2022 (ENTRY NOS. 726-739) View
20 11/29/2022 All Transcripts Filed in Record
21 11/30/2022 3RD ELEC. SUPP. RECORD ON APPEAL DATED NOVEMBER 30, 2022(ENTRY NOS. 740-748) View
22 12/07/2022 4TH ELEC. SUPP. RECORD ON APPEAL DATED DECEMBER 7, 2022 (ENTRY NOS. 749-752) View
23 01/06/2023 APPELLANT BRIEF View
24 01/07/2023 Oral Argument Request by Appellant
25 01/09/2023 Rec'd corrections to ATB
26 01/09/2023 Rec'd service to ATB corrections
27 01/10/2023 Rec'd 3 copies of ATB back from CD
28 01/13/2023 MOT. EXT/TIME APPELLEE BRIEF View
29 01/13/2023 ACTION BY CLERK - Granted : 03/06/2023
30 03/06/2023 APPELLEE BRIEF View
31 03/06/2023 Oral Argument Request by Appellee
32 03/07/2023 Rec'd 4 copies of AEB back from CD
33 03/20/2023 REPLY BRIEF View
34 03/21/2023 Rec'd corrections to RYB
35 03/21/2023 NOTICE OF ORAL ARGUMENT SENT
36 03/24/2023 Rec'd service doc. for RYB with correct service date
37 03/27/2023 Rec'd 4 copies of RYB back from CD