High court to hear appeals
www.in-forum.com/News/articles/167303
A West Fargo couple convicted of raping two children and a Gardner, N.D., man convicted of murder want the North Dakota Supreme Court to overturn their convictions.
The court will hear appellate arguments this month for Shannon and Andrew Muhle and Dennis Gaede.
Andrew Muhle, 36, is appealing his two gross sexual imposition convictions for raping a 4-year-old girl and a child abuse or neglect conviction for doing so in front of an 8-year-old boy.
He was sentenced to life in prison in November 2006.
Muhle was tried last May with his wife, Shannon, 30, who is appealing her convictions of gross sexual imposition for raping the same 8-year-old boy and abuse or neglect of a child for not stopping her husband from raping the girl.
She was sentenced to 25 years in prison.
The couple argue that they were denied a fair trial because out-of-court statements made by victims were entered into evidence and the prosecutions arguments included improper statements.
They also argued that part of the boys testimony was a surprise and the state should have disclosed his statements. The boy testified that he and Shannon Muhle practiced sex after she told him to ask Andrew Muhle whether it was all right.
Shannon Muhles appeal argues the state presented a large amount of evidence against her husband, but not enough to convict her. Her attorney, Ross Brandborg, says the jury returned a guilty verdict based on emotions, not reason.
Andrew Muhles attorney, Monty Mertz, also argues that there was not enough evidence against his client to sustain a Class AA felony gross sexual imposition charge, which carries a maximum sentence of life without parole. He asks that the charge be changed to a Class A felony, which carries a maximum 20-year sentence.
Andrew Muhles appeal is scheduled to be heard at 9:30 a.m. June 26. His wifes follows at 10:45.
www.in-forum.com/News/articles/167303
A West Fargo couple convicted of raping two children and a Gardner, N.D., man convicted of murder want the North Dakota Supreme Court to overturn their convictions.
The court will hear appellate arguments this month for Shannon and Andrew Muhle and Dennis Gaede.
Andrew Muhle, 36, is appealing his two gross sexual imposition convictions for raping a 4-year-old girl and a child abuse or neglect conviction for doing so in front of an 8-year-old boy.
He was sentenced to life in prison in November 2006.
Muhle was tried last May with his wife, Shannon, 30, who is appealing her convictions of gross sexual imposition for raping the same 8-year-old boy and abuse or neglect of a child for not stopping her husband from raping the girl.
She was sentenced to 25 years in prison.
The couple argue that they were denied a fair trial because out-of-court statements made by victims were entered into evidence and the prosecutions arguments included improper statements.
They also argued that part of the boys testimony was a surprise and the state should have disclosed his statements. The boy testified that he and Shannon Muhle practiced sex after she told him to ask Andrew Muhle whether it was all right.
Shannon Muhles appeal argues the state presented a large amount of evidence against her husband, but not enough to convict her. Her attorney, Ross Brandborg, says the jury returned a guilty verdict based on emotions, not reason.
Andrew Muhles attorney, Monty Mertz, also argues that there was not enough evidence against his client to sustain a Class AA felony gross sexual imposition charge, which carries a maximum sentence of life without parole. He asks that the charge be changed to a Class A felony, which carries a maximum 20-year sentence.
Andrew Muhles appeal is scheduled to be heard at 9:30 a.m. June 26. His wifes follows at 10:45.
