State v. Rubey

990189 State of North Dakota, Plaintiff and Appellee
v.
Larry Gene Rubey, Defendant and Appellant

Appeal from: District Court, South Central Judicial District, McLean County
Judge James M. Vukelic
Nature of Action: Sexual Offense
Counsel:
Appellant: Gregory Ian Runge
Appellee: Merle Ann Torkelson , State's Attorney
Term: 04/2000   Argument: 04/03/2000  09:30am
ND cite: 2000 ND 119
NW cite: 611 N.W.2d 888


Issues: Appellant's Statement of the Issues:
I.Whether it was abuse of discretion to deny Appellant's Motion to Dismiss the case as a matter of law.
II.Whether it was abuse of discretion on the part of the trial court to allow the jury to consider this matter when there were not facts in issue.

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Docket entries:
106/24/1999 NOTICE OF APPEAL: 06/17/1999
207/07/1999 RECORD ON APPEAL (separates: juror notes; judge response; proposed jury instructions (denied);
307/07/1999 juror questionaires)(not rec'd - defendant's exhibits 10 & 11)
408/26/1999 S.Ct. Not. of Dismissal/Failure to Proceed. RspDue: 09/07/1999
509/27/1999 Faxed copy of Motion to Withdraw as Counsel, etc. to be presented to trial court
610/19/1999 Faxed copies of letters regarding trial court's jurisdiction to act on motion to withdraw
710/20/1999 Judge Vukelic advised by Clerk of Supreme Court he has jurisdiction re: motion to withdraw
810/29/1999 Copy of 10/27/1999 order of the trial court denying withdrawal of counsel
910/29/1999 Clerk's Supplemental Cert. of ROA dated October 27, 1999 with entries 42 & 43 attached
1011/01/1999 Faxed Motion to Withdraw as Counsel
1111/03/1999 Original Motion to Withdraw and Counsel & Original Affidavit of Greg Runge
1211/03/1999 ACTION BY SUPREME COURT (MOT to withdraw as counsel). Denied
1311/03/1999 NO ACTION TAKEN ON MSN
1411/10/1999 Clerk's Second Supplemental Cert of ROA (entry 43a - letter to Judge Vukelic)
1512/03/1999 Clerk's Third Supp. Cert of ROA (entry 44 w/attachment)
1612/03/1999 ORDER FOR TRANSCRIPT: 12/01/1999
1712/07/1999 Acknowledgment of Order for Transcript (Lisa Soma)
1812/07/1999 Appellant's Brief is due 30 days after transcript is filed
1901/13/2000 MOT. EXT/TIME APPELLANT BRIEF (Sua Sponte)
2001/13/2000 ACTION BY CLERK. Granted: 02/12/2000
2101/13/2000 TRANSCRIPTS DATED August 10, 1998 and February 23 thru 26, 1999 (4 Volumes)
2201/13/2000 DISK - TRA's filed 1-13-00
2302/14/2000 APPELLANT BRIEF
2402/14/2000 DISK - atb
2502/24/2000 APPELLANT APPENDIX
2602/29/2000 Copies of NOA & Corrected Table of Contents for ATA
2703/13/2000 APPELLEE BRIEF
2803/14/2000 DISK NONCOMPLIANCE - AEB
2904/03/2000 APPEARANCES: Gregory Ian Runge; Merle Ann Torkelson
3004/03/2000 ARGUED: Runge; Torkelson (Vol. X; page 13)
3106/08/2000 DISPOSITION: AFFIRMED
3206/08/2000 SPLIT OPINION: VandeWalle, Gerald W.
3306/08/2000 (DISSENT): Kapsner, Carol Ronning: DISSENT
3406/08/2000 (JOIN DISSENT): Maring, Mary Muehlen: JN/DIS
3506/08/2000 Order/Judgment Mailed to Parties
3607/03/2000 MANDATE
3707/10/2000 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
3812/22/2006 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 03/18/2010