State v. Mosbrucker

9:00am Monday, June 9, 2008
20070355 State of North Dakota, Plaintiff and Appellee
v.
Jeff Emanuell Mosbrucker, Defendant and Appellant
Appeal from: South Central Judicial District, Morton County, Judge Donald L. Jorgensen
Nature of Action: Sexual Offense
Counsel:

Appellee: Brian David Grosinger , Asst. State's Attorney
Appellant: Wayne D. Goter
Appellee: Allen M. Koppy , State's Attorney

Issues: Appellant's Statement of the Issues:
1. Whether the evidence was sufficient to sustain the jury's verdict of guilty.
2. Whether the trial court committed obvious error in allowing testimony relating to Doe's appreciation of the wisdom and implications of engaging in a sexual act.
3. Whether the trial court abused its discretion in denying Mosbrucker's motion for new trial on the ground that the verdict was against the great weight of the evidence.
Appellee's Statement of the Issues:
I. Whether the jury verdict of guilty to the crime of gross sexual imposition is supported by sufficient evidence adduced at trial?
II. Whether allowing the developmentally disabled victim's treating clinical psychologist to testify at trial regarding the victim's ability to understand the nature of the sexual assault perpetrated upon the victim was obvious error?
III. Whether the trial court abused its discretion in denying the defendant's motion for a new trial based upon the ground that the guilty verdict was against the greater weight of the evidence?
Briefs:
Case Summary
Appellant Brief
Appellee Brief
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Generated from Supreme Court Docket on 07/23/2008