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State v. Haney

Docket No. 20220366
Oral Argument: Wednesday, September 6, 2023 2:45 PM

Docket Info

Title
State of North Dakota, Plaintiff and Appellee
v.
Demetris Haney, Defendant and Appellant
Case Type
CRIMINAL APPEAL : ASSAULT
Appeal From
Case No. 2022-CR-00003
Southwest Judicial District, Stark County
William A. Herauf
Oral Argument 9/6/2023

Parties' Statement of Issues

  • Appellant

    I. The district court erred by denying Mr. Haney’s motion for acquittal.
    II. The district court created a structural error by denying Mr. Haney’s constitutional right to a public trial.
    III. The district court created denied Mr. Haney’s right to due process.

  • Appellee 1

    1. Whether the District Court erred by denying Mr. Haney’s motion for acquittal.
    2. Whether the District Court created a structural error by denying Mr. Haney’s constitutional right to a public trial.
    3. Whether the District Court denied Mr. Haney’s right to due process.

Summary

Demetris Haney appeals from a criminal judgment entered after a jury found him guilty of aggravated assault, reckless endangerment, and terrorizing.

In January 2022, Haney was involved in a shooting at a bar in Dickinson. Haney testified two individuals shot at him and he returned fire, shooting five rounds toward one of the individuals. The State charged Haney with reckless endangerment, terrorizing, conspiracy to commit murder, and two counts of attempted murder. The State subsequently moved the district court to dismiss the conspiracy charge. In August 2022, the court held a three-day jury trial. The jury found Haney not guilty of attempted murder, but found him guilty of two counts of the lesser included offense of aggravated assault, guilty of reckless endangerment, and guilty of terrorizing. The jury also found he was a dangerous special offender. In December 2022, the court sentenced Haney.

On appeal, Haney argues the district court erred by denying his motion for acquittal, created a structural error by denying his constitutional rights to a public trial, and denied his right to due process.

Briefs

Filing Date Description
06/05/2023 APPELLANT BRIEF View
06/28/2023 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLANT COURT APPOINTED Kiara Costa Kraus-Parr - 06688
APPELLEE STATE'S ATTORNEY Amanda Rose Engelstad - 08101

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

Seq. # Filing Date Description Attachment
1 12/19/2022 NOTICE OF APPEAL : 12/19/2022 View
2 12/19/2022 ORDER FOR TRANSCRIPT : 12/27/2022 View
3 12/19/2022 This case is consolidated w/ 20220367. Make all entries except ROA, DIS, & MAN in this case
4 12/20/2022 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV. View
5 12/20/2022 Notice served on Steven D. Mottinger and Amanda R. Engelstad
6 12/21/2022 Rec'd notice of Court Appointed Counsel - Kiara C. Kraus-Parr View
7 01/20/2023 ELEC. RECORD ON APPEAL DATED JANUARY 18, 2023 (ENTRY NOS. 1-124) View
8 02/24/2023 MOT. EXT/TIME TRANSCRIPT View
9 02/24/2023 ACTION BY TRIAL COURT - Granted : 03/27/2023
10 03/27/2023 MOT. EXT/TIME TRANSCRIPT View
11 03/29/2023 AMENDED MOT. EXT/TIME TRANSCRIPT View
12 03/31/2023 ACTION BY CHIEF JUSTICE - Granted : 04/26/2023
13 04/26/2023 All Transcripts Filed in Record
14 06/05/2023 APPELLANT BRIEF View
15 06/05/2023 Oral Argument Request by Appellant
16 06/06/2023 Rec'd 4 copies of ATB back from CD
17 06/28/2023 APPELLEE BRIEF View
18 06/30/2023 Rec'd 3 copies of AEB back from CD
19 07/28/2023 NOTICE OF ORAL ARGUMENT SENT
20 09/06/2023 APPEARANCES: Kiara C. Kraus-Parr and Appellee waived under N.D.R.App.P. 34 (a)(1)(C)
21 09/06/2023 ARGUED: Kiara C. Kraus-Parr and Appellee waived under N.D.R.App.P. 34 (a)(1)(C)
22 09/06/2023 ORAL ARGUMENT WEBCAST