State v. Schmitt
|
| 20000037 |
State of North Dakota, Plaintiff and Appellee
v.
Matthew Byron Schmitt, Defendant and Appellant
|
| Appeal from: |
District Court,
East Central Judicial District,
Cass County
Judge Georgia Dawson |
|
Nature of Action: |
Drugs/Contraband
|
| Counsel: |
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| Term: |
10/2000 Argument: 10/31/2000 01:00pm
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| ND cite: |
2001 ND 57
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| NW cite: |
623 N.W.2d 409
|
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|
| Issues: |
Appellant's Statement of the Issues:
1. Whether the District Court was correct in it's finding that the warrant affidavit contained no false statements, "knowingly and intentionally made, or made with reckless disregard for the truth ?"
2. Whether the District Court was correct in finding that the information remaining in the warrant after redacting the false statements provide sufficient evidence of probable cause ?
Appellee's Statement of the Issues:
I. I. The District Court did not err in finding that the search warrant affidavit contained no false statements knowingly and intentionally made, or made with reckless disregard for the truth.
II. The remaining information is sufficient to support the issuance of the warrant.
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 Add Docket 20000037 RSS
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| 1 | | 02/11/2000 | |
NOTICE OF APPEAL: 02/07/2000 |
| 2 | | 02/11/2000 | |
ORDER FOR TRANSCRIPT: 02/07/2000 |
| 3 | | 03/08/2000 | |
RETENTION OF RECORD ON APPEAL: 05/07/2000 |
| 4 | | 03/29/2000 | |
TRANSCRIPT DATED December 2, 1999 |
| 5 | | 03/29/2000 | |
RECORD ON APPEAL: not rec'd - 5, 12, 17, 20, 23, 25, 27, 29, 35, 36, 42, 43, 45, 51 |
| 6 | | 03/31/2000 | |
Supplemental Certificate of Appeal dated 3-30-00 (Entry Nos. 60 & 64) |
| 7 | | 05/02/2000 | |
MOT. EXT/TIME APPELLANT BRIEF & Affidavit in Support |
| 8 | | 05/02/2000 | |
ACTION BY CLERK. Granted: 06/07/2000 |
| 9 | | 06/06/2000 | |
MOT. EXT/TIME APPELLANT BRIEF |
| 10 | | 06/07/2000 | |
ACTION BY CHIEF JUSTICE (MAT). Granted: 07/07/2000 |
| 11 | | 07/07/2000 | |
APPELLANT BRIEF |
| 12 | | 07/07/2000 | |
APPELLANT APPENDIX |
| 13 | | 07/07/2000 | |
DISK - AEB |
| 14 | | 07/18/2000 | |
Corrected covers for ATB & ATA |
| 15 | | 08/03/2000 | |
MOT. EXT/TIME APPELLEE BRIEF & Affidavit in Support (Faxed copies) |
| 16 | | 08/04/2000 | |
ACTION BY Chief Deputy Clerk (CMB). Granted: 09/06/2000 |
| 17 | | 08/07/2000 | |
Motion for Ext. of Time to file AEB and Affidavit in Support (originals) |
| 18 | | 09/06/2000 | |
Faxed copies of Mot. Ext-Time AEB and Aff. of Bret M. Shasky |
| 19 | | 09/07/2000 | |
MOT. EXT/TIME APPELLEE BRIEF; AFF. OF BRETT M. SHASKY (Originals) |
| 20 | | 09/07/2000 | |
ACTION BY CHIEF JUSTICE (MAE - OA to be heard in Oct.). Granted: 09/16/2000 |
| 21 | | 09/15/2000 | |
APPELLEE BRIEF |
| 22 | | 09/18/2000 | |
DISK - AEB |
| 23 | | 10/31/2000 | |
APPEARANCES: William Kirschner, Matthew Schmitt; Brett M. Shasky |
| 24 | | 10/31/2000 | |
ARGUED: Kirschner; Shasky (Vol. X; page 76) |
| 25 | | 03/20/2001 | |
DISPOSITION: REMANDED |
| 26 | | 03/20/2001 | |
UNANIMOUS OPINION: Kapsner, Carol Ronning |
| 27 | | 03/21/2001 | |
Order/Judgment Mailed to Parties |
| 28 | | 04/13/2001 | |
MANDATE |
| 29 | | 04/18/2001 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 30 | | 05/07/2007 | |
EXPUNGED - Nonpermanent record items destroyed |