| 10:30am | Wednesday, November 4, 2009 | |||||||||
| 20090150 |
State of North Dakota, Plaintiff and Appellee
v. Joel A. Byzewski, Defendant and Appellant | |||||||||
| Appeal from: | South Central Judicial District, Burleigh County, Judge Donald L. Jorgensen | |||||||||
| Nature of Action: | Misc. Statutory Off. (Misdemeanor) | |||||||||
| Counsel: |
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| Issues: |
Appellant's Statement of the Issues: 1. Whether the criminal charge alleging that Mr. Byzewski violated a protection order should have been dismissed, because the protection order unconstitutionally restricted Mr. Byzewski's right to intrastate travel? 2. Whether the evidence obtained following law enforcements illegal seizure of Mr. Byzewski should have been suppressed as fruit of the poisonous tree? Appellee's Statement of the Issues: 1.Did the District Court err when it denied the Defendant's motion to dismiss a criminal charge alleging the Domestic Violence Protection Order issued against the Defendant unconstitutionally restricted his right to intrastate travel? 2.Whether evidence obtained based upon the violation of a Domestic Violence Protection Order should be suppressed as fruit of the poisonous tree. | |||||||||
| Briefs: |
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Generated from Supreme Court Docket on 04/19/2010 | ||||||||||