State v. Brossart

10:45am Friday, February 2, 2007
20060242 State of North Dakota, Plaintiff and Appellee
v.
Rodney Brossart, Defendant and Appellant
Appeal from: Northeast Central Judicial District, Nelson County, Judge Karen Kosanda Braaten
Nature of Action: Misc. Statutory Off. (Misdemeanor)
Counsel:

Appellant: Neil W. Fleming
Appellee: Steven James Simonson , State's Attorney

Issues: Appellant's Statement of the Issues:
1. Issue One: Did Brossart's actions of yelling and disagreeing with the police create a substantial risk of bodily injury to the public servant or require substantial force to overcome, such that it rose to the level necessary to become preventing arrest?
2. Issue Two: If the court finds that the police did use substantial force upon Brossart, did Brossart have the right to resist an unlawful arrest where the police used unreasonable force to subdue him?
Appellee's Statement of the Issues:
I. Whether Brossart's actions rose to the level necessary to become preventing arrest or discharge of duties.
II. If the court finds that the police did use substantial force upon Brossart, did Brossart have the right to resist an unlawful arrest where the police used unreasonable force to subdue him?.
Briefs:
Case Summary
Appellant Brief
Appellee Brief
Reply Brief
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