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State v. Coons

Docket No. 20220289
Oral Argument: Friday, February 24, 2023 10:45 AM

Docket Info

Title
State of North Dakota, Plaintiff and Appellee
v.
Susan Kaye Coons, Defendant and Appellant
Case Type
CRIMINAL APPEAL : MISC. STATUTORY OFFENSE (FELONY)
Appeal From
Case No. 2021-CR-00725
North Central Judicial District, Ward County
Gary H. Lee
2023 ND 115992 N.W.2d 521
Oral Argument 2/24/2023

Highlight

A closure may occur where some or all members of the public are precluded from perceiving contemporaneously what is transpiring in the courtroom, because they can neither see nor hear what is going on. When questioning occurs at the bench, the public can still observe the proceedings, thus furthering the values that the public trial right is designed to protect, and can hear the general questions posed to the jury panel.

A trial court has great discretion over how to conduct a trial and to keep questioning within bounds and may remind counsel to refrain from further incursions into collateral and immaterial matters.

A district court has the common law power to explain, summarize, and comment on the facts and evidence and may also question witnesses and analyze and dissect the evidence. A court may not, however, act as a witness, nor add to or distort the evidence. If a judge exceeds the limitations on his power, it may amount to prejudicial error and require reversal.


Briefs

Filing Date Description
11/28/2022 APPELLANT BRIEF View
01/19/2023 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLANT COURT APPOINTED Benjamin C Pulkrabek - 02908
APPELLEE ASST. STATE'S ATTORNEY Tiffany Michelle Sorgen - 09322

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

Seq. # Filing Date Description Attachment
1 09/28/2022 NOTICE OF APPEAL : 09/28/2022 View
2 09/28/2022 ORDER FOR TRANSCRIPT : 09/28/2022 View
3 09/28/2022 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV. View
4 09/28/2022 Notice served on Benjamin C. Pulkrabek & Tiffany M. Sorgen
5 10/18/2022 All Transcripts Filed in Record
6 10/26/2022 ELEC. RECORD ON APPEAL DATED OCTOBER 25, 2022 (ENTRY NOS. 1-136, 138-203)(NOT SENT: 137) View
7 11/28/2022 APPELLANT BRIEF View
8 11/28/2022 Oral Argument Request by Appellant
9 12/19/2022 MOT. EXT/TIME APPELLEE BRIEF - RspDue View
10 12/19/2022 Appellee's brief deadline stayed pending response to motion
11 12/23/2022 Response to Motion for Additional Time to File Brief View
12 12/27/2022 Rec'd non-compliant ATB corrections; given until 12/30/22 to revise
13 12/28/2022 Rec'd corrections to ATB
14 12/28/2022 ACTION BY CLERK (MAE) - Granted : 01/27/2023
15 12/29/2022 1ST ELEC. SUPP. RECORD ON APPEAL DATED DECEMBER 28, 2022 (ENTRY NOS. 204-215) View
16 12/30/2022 Rec'd 3 copies of ATB from CD
17 01/05/2023 MOTION FOR REMAND View
18 01/06/2023 Rec'd Notice of Limited Appearance by attorney Lynn M. Boughey for Appellant
19 01/09/2023 Response Filed to Motion for Remand View
20 01/10/2023 ACTION BY CHIEF JUSTICE - Granted
21 01/10/2023 ORDER OF REMAND View
22 01/11/2023 Order Sent to Parties
23 01/17/2023 ELEC. RECORD ON APPEAL DATED JANUARY 13, 2023 (ENTRY NOS. 1-136, 138-218)(NOT SENT: 137)(Re-filed) View
24 01/19/2023 APPELLEE BRIEF View
25 01/19/2023 Oral Argument Request by Appellee
26 01/20/2023 Rec'd corrected c.o.s. of AEB (email address)
27 01/23/2023 Rec'd 3 copies of AEB from CSD
28 01/24/2023 NOTICE OF ORAL ARGUMENT SENT
29 02/22/2023 AMENDED NOTICE OF ORAL ARGUMENT SENT (ZOOM)
30 02/24/2023 APPEARANCES: Benjamin C. Pulkrabek/Tiffany M. Sorgen
31 02/24/2023 ARGUED: Benjamin C. Pulkrabek/Tiffany M. Sorgen
32 02/24/2023 ORAL ARGUMENT WEBCAST
33 03/06/2023 2ND ELEC. SUPP. RECORD ON APPEAL DATED MARCH 3, 2023 (ENTRY NOS. 219-220) View
34 04/04/2023 3RD ELEC. SUPP. RECORD ON APPEAL DATED APRIL 3, 2023 (ENTRY NOS. 221& 222) View
35 06/21/2023 DISPOSITION
36 06/21/2023 SPLIT OPINION : Tufte, Jerod E. View
37 06/21/2023 DISSENTING : Crothers, Daniel John
38 06/21/2023 JOIN IN DISSENTING : McEvers, Lisa K. Fair
39 06/21/2023 Judgment View
40 07/13/2023 MANDATE