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State V. Allen Clerk's Record V. 1 Dckt. 35497

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State V. Allen Clerk's Record V. 1 Dckt. 35497 UIdaho Law Digital Commons @ UIdaho Law Idaho Supreme Court Records & Briefs 12-12-2008 State v. Allen Clerk's Record v. 1 Dckt. 35497 Follow this and additional works at: https://digitalcommons.law.uidaho.edu/ idaho_supreme_court_record_briefs Recommended Citation "State v. Allen Clerk's Record v. 1 Dckt. 35497" (2008). Idaho Supreme Court Records & Briefs. 236. https://digitalcommons.law.uidaho.edu/idaho_supreme_court_record_briefs/236 This Court Document is brought to you for free and open access by Digital Commons @ UIdaho Law. It has been accepted for inclusion in Idaho Supreme Court Records & Briefs by an authorized administrator of Digital Commons @ UIdaho Law. IN THE SUPREME COURT OF THE STATE OF IDAHO STATE OF IDAHO, Plaintiff / Respondent, VS. JAMES A. ALLEN Defendant / Appellant. Appealed from the District Court of the Second Judicial District of the State of I~ial~o,in and for the Coui~tyof Latall HON. JOHN R. STEGNER, DISTRICT JUDGE MOLLY J. HUSKEY ATTORNEY FOR APPELLANT LAWRENCE WASDEN Attorney General ATTORNEY FOR RESPONDENT < --- riLt b~PT\ Filed this day of r- -1 \ \zm STEPHEN W. KENYON, CLERK Deputy SUPREME COURT CASE NO. 35497 VOLUME I OF I1 VOLUMES IN THE DISTRICT COURT OF THE SECOND JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF LATAH STATE OF IDAHO, 1 1 SUPREME COURT NO. 35497 Plaintiff/Respondent, 1 ) VS. 1 ) JAMES A. ALLEN 1 ) Defendant/ Appellant. ) ) CLERK'S RECORD ON APPEAL Appeal from the District Court of the Second Judicial District of the State of Idaho, in and for the County of Latah HONORABLE JOHN R. STEGNER District Judge MOLLY J. HUSKEY LAWRENCE WASDEN STATE APPELLANT PUBLIC DEFENDER ATTORNEY GENERAL 3647 LAKE HARBOR LANE PO BOX 83720 BOISE, ID 83703 BOISE, ID 83720-0010 ATTORNEY FOR APPELLANT ATTORNEY FOR RESPONDENT TABLE OF CONTENTS VOLUME I Register of Actions .................................................. Criminal Complaint (November 9.2007) ............................... Court Minutes (November 9. 2007) Initial Appearance ................... Warrant of Arrest (November 9.2007) ................................. Order: Appoinment (November 9.2007) .............................. Commitment (November 9.2007) ..................................... No Contact Order (November 9.2007) ................................. Notice of Hearing (November 9.2007) ................................. Request for Discovery (November 13.2007) ............................ Court Minutes (November 20. 2007) Continuance...................... Committrnent (November 20.2007) ................................... No Contact Order (November 20.2007) ................................ Notice of Hearing (November 20.2007) ............................. Response to Request for Discovery (November 27.2007) ................. Verizon Legal Compliance (November 27.2007) ......................... Affidavit of Detective M . A . Lehbecker Supporting Initial Determination Of Probable Cause Pursuant to I.C.R. 5(C) (November 30, 2007) ........... Amended Criminal Complaint (November 30.2007) ..................... Court Minutes (November 30. 2007) Preliminary Hearing ................ Commitment (November 30.2007) .................................... No Contact Order (November 30.2007) ................................ Notice of Hearing (November 30.2007) ................................ TABLE OF CONTENTS -1- Court Minutes (December 11. 2007) Preliminary Hearing ................ Criminal Information (December 21.2007) ............................ No Contact Order (December 11.2007) ................................ Notice of Assignment of Judge (December 12.2007) ..................... Order Binding Over Defendant and Scheduling Arraignment (December12. 200 7)................................................ Notice of Hearing (December 12.2007) ................................ Court Minutes (December 13. 2007) Arraignment ....................... No Contact Order (December 13.2007) ................................. Scheduling Order (December 14.2007) ................................. Request for Discovery Disclosure; Alibi Demand (December 17.2007) ...... Motion to Dismiss Count IV (January 17.2008) .......................... Memorandum in Support of Motion to Dismiss Count IV (January17. 2008) .................................................... Motion to Continue Pre-trial Conference (January 28. 2008) ............ Response to Defendant's Motion to Dismiss Count IV (January 28.2008) .... Order Continuing Pre-trial Conference (January 30. 2008) ................. Motion to Continue Trial (February 1.2008) ............................. Supplemental Response to Request for Discovery (February 4. 2008) ....... Court Minutes (February 5. 2008) Pretrial Motion Hearing ................ Request for Jury Instructions (February 12.2008) ........................ Motions in Limine (February 12.2008) ................................ Notice of I.R.E. 404(b) Evidence (February 13,2008)..................... TABLE OF CONTENTS Response to Request for Discovery (February 13.2008) .................. Motion in Limine Regarding Rape Shield (February 15.2008) ............. Response to State's Motion in Lirnine/Proffer (February 15.2008) ...... Amended Response to State's Motion in LiminelProffer (February 19.2008) . Motion in Limine Barring Use of the Term 'Victim' by the State (February19. 2008) .................................................. Response to State's Notice of I.R.E. 404(b) Evidence (February 19,2008).... VOLUME I1 Court Minutes (February 19. 2008) Jury Trial .Day One ............... Court Minutes (February 20. 2008) Jury Trial .Day Two ................. Court Minutes (February 21. 2008) Jury Trial .Day Three ................. Court Minutes (February 22. 2008) Jury Trial .Day Four ................. No Contact Order (February 23.2008) .................................. No Contact Order (February 23.2008) .................................. Jury Instructions Given at Trial (February 25.2008) ...................... Court Minutes (February 23. 2008) Jury Trial .Day Five ............... Verdict (February 23.2008) ........................................... Motion to Dismiss Pursuant to Idaho Criminal Rule 29 (March 7.2008) ..... Response to Defendant's "Motion to Dismiss Pursuant to Idaho Criminal Rule 29 (March 11.2008) ............................................ Notice of Hearing (March 11.2008) .................................... Scheduling Order (March 18.2008)................................. Court Minutes (March 20. 2008) Sentencing Vacated and Rescheduled ..... Revised Scheduling Order (March 24. 2008) ............................ TABLE OF CONTENTS -3- Motion to Extend No Contact Order (March 24.2008) ................. No Contact Order (March 25.2008) ................................... Motion to File Under Seal (March 26.2008) ............................. Court Minutes (March 27. 2008) Defendant's Motion to Dismiss Pursuant to Idaho Criminal Rule 29 ............................................ Order to Seal Motion and Order (March 27. 2008)........................ Order Denying Defendant's Motion to Dismiss Pursuant to Idaho Criminal Rule 29 (March 27.2008) ............................................. Motion to Continue (May 2.2008) ..................................... Affidavit of Kerith Beale (May 2.2008) ................................. Motion to Strike/Explanation of Statements in PSI Report/Notice of Witnesses(May2. 2008) .............................................. Acknowledgment of Confidentiality (May 2.2008) ....................... Motion to Reissue No Contact Order (May 6.2008) ....................... No Contact Order (May 6.2008) ...................................... Motion to Amend No Contact Order (May 14. 2008) ..................... Sentencing Disclosure Compliance (May 14.2008) ....................... No Contact Order (May 14. 2008) .................................. State's Response to Defendant's Sentencing Pleadings; Notice of Aggravation of Sentencing (May 16.2008) .............................. Court Minutes (May 20. 2008) Sentencing .............................. Order for DNA Sample and Thumbprint Impression (May 21.2008) ....... No Contact Order (May 21. 2008) ..................................... Judgment of Conviction and Order Retaining Jurisdiction Pursuant to I.C. 19-2601(4) (May 27,2008) ......................................... TABLE OF CONTENTS -4- Notice of Appeal (June 25.2008) ...................................... Motion to Appoint State Appellate Public Defender (June 25.2008) ........ Order Appointing State Appellate Public Defender (July 1.2008) .......... Notice of Cross-Appeal (July 14.2008)................................. Idaho Department of Correction Letter (July 18. 2008) ................... Amended Notice of Appeal (July 22.2008) ............................. Court Minutes ('July 21. 2008) Review of Retained Jurisdiction ............ Court Minutes (July 23. 2008) Status Conference ......................... Order Regarding Retained Jurisdiction (September 12.2008) .............. Clerk's Certificate ................................................... Clerk's Certificate Re: Exhibits ........................................ Certificate of Service................................................. TABLE OF CONTENTS -5- INDEX Acknowledgment of Confidentiality (May 2.2008) ..(VOL 11) .............. Affidavit of Detective M . A . Lehmbecker Supporting Initial Determination Of Probable Cause Pursuant to I.C.R. 5(C) (November 30, 2007) ..(VOL I) ... Affidavit of Kerith Beale
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