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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
2023 ND 227998 N.W.2d 817
Oral Argument 9/6/2023

Highlight

To successfully challenge the sufficiency of the evidence on appeal, the defendant must show the evidence, when viewed in the light most favorable to the verdict, permits no reasonable inference of guilt.

In considering a defendant’s claim on appeal that his right to a public trial was violated, this Court first considers whether the claim of error was preserved at trial and then considers the threshold question of whether there was a closure implicating the public trial right.

The appellant bears the burden to demonstrate the public was excluded from a proceeding to which the public had a right to be present.

A party pursuing a constitutional claim must make a strong case supported by both fact and law or forgo the claim.


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
23 12/01/2023 DISPOSITION
24 12/01/2023 UNANIMOUS OPINION : Bahr, Douglas Alan View
25 12/01/2023 Judgment View
26 12/26/2023 MANDATE