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: |
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| Term: | 04/2000  Argument: 04/03/2000 09:30am | ||||||
| ND cite: | 2000 ND 119 | ||||||
| NW cite: |
611 N.W.2d 888
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| 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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| 1 | 06/24/1999 | NOTICE OF APPEAL: 06/17/1999 | ||
| 2 | 07/07/1999 | RECORD ON APPEAL (separates: juror notes; judge response; proposed jury instructions (denied); | ||
| 3 | 07/07/1999 | juror questionaires)(not rec'd - defendant's exhibits 10 & 11) | ||
| 4 | 08/26/1999 | S.Ct. Not. of Dismissal/Failure to Proceed. RspDue: 09/07/1999 | ||
| 5 | 09/27/1999 | Faxed copy of Motion to Withdraw as Counsel, etc. to be presented to trial court | ||
| 6 | 10/19/1999 | Faxed copies of letters regarding trial court's jurisdiction to act on motion to withdraw | ||
| 7 | 10/20/1999 | Judge Vukelic advised by Clerk of Supreme Court he has jurisdiction re: motion to withdraw | ||
| 8 | 10/29/1999 | Copy of 10/27/1999 order of the trial court denying withdrawal of counsel | ||
| 9 | 10/29/1999 | Clerk's Supplemental Cert. of ROA dated October 27, 1999 with entries 42 & 43 attached | ||
| 10 | 11/01/1999 | Faxed Motion to Withdraw as Counsel | ||
| 11 | 11/03/1999 | Original Motion to Withdraw and Counsel & Original Affidavit of Greg Runge | ||
| 12 | 11/03/1999 | ACTION BY SUPREME COURT (MOT to withdraw as counsel). Denied | ||
| 13 | 11/03/1999 | NO ACTION TAKEN ON MSN | ||
| 14 | 11/10/1999 | Clerk's Second Supplemental Cert of ROA (entry 43a - letter to Judge Vukelic) | ||
| 15 | 12/03/1999 | Clerk's Third Supp. Cert of ROA (entry 44 w/attachment) | ||
| 16 | 12/03/1999 | ORDER FOR TRANSCRIPT: 12/01/1999 | ||
| 17 | 12/07/1999 | Acknowledgment of Order for Transcript (Lisa Soma) | ||
| 18 | 12/07/1999 | Appellant's Brief is due 30 days after transcript is filed | ||
| 19 | 01/13/2000 | MOT. EXT/TIME APPELLANT BRIEF (Sua Sponte) | ||
| 20 | 01/13/2000 | ACTION BY CLERK. Granted: 02/12/2000 | ||
| 21 | 01/13/2000 | TRANSCRIPTS DATED August 10, 1998 and February 23 thru 26, 1999 (4 Volumes) | ||
| 22 | 01/13/2000 | DISK - TRA's filed 1-13-00 | ||
| 23 | 02/14/2000 | APPELLANT BRIEF | ||
| 24 | 02/14/2000 | DISK - atb | ||
| 25 | 02/24/2000 | APPELLANT APPENDIX | ||
| 26 | 02/29/2000 | Copies of NOA & Corrected Table of Contents for ATA | ||
| 27 | 03/13/2000 | APPELLEE BRIEF | ||
| 28 | 03/14/2000 | DISK NONCOMPLIANCE - AEB | ||
| 29 | 04/03/2000 | APPEARANCES: Gregory Ian Runge; Merle Ann Torkelson | ||
| 30 | 04/03/2000 | ARGUED: Runge; Torkelson (Vol. X; page 13) | ||
| 31 | 06/08/2000 | DISPOSITION: AFFIRMED | ||
| 32 | 06/08/2000 | SPLIT OPINION: VandeWalle, Gerald W. | ||
| 33 | 06/08/2000 | (DISSENT): Kapsner, Carol Ronning: DISSENT | ||
| 34 | 06/08/2000 | (JOIN DISSENT): Maring, Mary Muehlen: JN/DIS | ||
| 35 | 06/08/2000 | Order/Judgment Mailed to Parties | ||
| 36 | 07/03/2000 | MANDATE | ||
| 37 | 07/10/2000 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE | ||
| 38 | 12/22/2006 | EXPUNGED - Nonpermanent record items destroyed |