City of Jamestown v. Dardis
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| 20000109 |
City of Jamestown, Plaintiff and Appellee
v.
John Timothy Dardis II, Defendant and Appellant
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| Appeal from: |
District Court,
Southeast Judicial District,
Stutsman County
Judge James M. Bekken |
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Nature of Action: |
Misc. Statutory Off. (Misdemeanor)
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| Counsel: |
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| Term: |
09/2000 Argument: 09/12/2000 02:30pm
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| ND cite: |
2000 ND 186
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| NW cite: |
618 N.W.2d 495
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| Issues: |
Appellant's Statement of the Issues:
I. The court erred in denying Dardis' motion to suppress evidence due to Officer Nagel's warrantless entry into Dardis' apartment.
(a) the court erred in denying Dardis' motion to suppress evidence based upon a lack of consent.
(b) the court erred in denying Dardis' motion to suppress evidence based on the lack of exigent circumstances.
Appellee's Statement of the Issues:
In addition to the two issues presented by the defendant, which the City discusses under "II" in this brief, there are two other issues which the City has placed as "I" and "III" in its argument.
I. Did the defendant carry his initial burden in establishing a fourth amendment issue, given the defendant never alleged or proved what evidence it was he sought to suppress?
II. (Defendant's issues stated on page v. of defendant's brief. )
III. Given the entry by the officer was not for the purposes of a search, rather for purposes of making an arrest, was his entry lawful under Section 29-06-15, NDCC?
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 Add Docket 20000109 RSS
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| 1 | | 04/13/2000 | |
NOTICE OF APPEAL: 04/06/2000 |
| 2 | | 04/13/2000 | |
ORDER FOR TRANSCRIPT (Peggy Larson - Ct. Recorder): 04/06/2000 |
| 3 | | 04/13/2000 | |
THIS CASE CONSOLIDATED W/ 20000110. MAKE ALL ENTRIES EXCEPT "DIS" IN THIS CASE. |
| 4 | | 04/28/2000 | |
TRANSCRIPTS DATED 4-29-99; 3-27-00 |
| 5 | | 05/01/2000 | |
DISK - TRA dated 4-29-99; 3-27-00 |
| 6 | | 05/10/2000 | |
RECORD ON APPEAL (documents for 99-K-138 & 99-K-139) |
| 7 | | 06/05/2000 | |
MOT. EXT/TIME APPELLANT BRIEF (Faxed) |
| 8 | | 06/05/2000 | |
ACTION BY CLERK (MAT). Granted: 06/14/2000 |
| 9 | | 06/05/2000 | |
Original and seven copies of the MAT and Affidavit |
| 10 | | 06/14/2000 | |
APPELLANT BRIEF |
| 11 | | 06/14/2000 | |
APPELLANT APPENDIX |
| 12 | | 06/15/2000 | |
DISK - atb |
| 13 | | 06/19/2000 | |
Corrected Table of Authorities (inserted into ATB) |
| 14 | | 06/19/2000 | |
DISK - ATB (corrected) |
| 15 | | 07/17/2000 | |
APPELLEE BRIEF |
| 16 | | 07/18/2000 | |
DISK - AEB |
| 17 | | 09/12/2000 | |
APPEARANCES: Lawrence P. Kropp, John T. Dardis, II; Charles J. Gilje |
| 18 | | 09/12/2000 | |
ARGUED: Kropp; Gilje (Vol. X; page 55) |
| 19 | | 10/26/2000 | |
DISPOSITION: REVERSED AND REMANDED |
| 20 | | 10/26/2000 | |
UNANIMOUS OPINION: VandeWalle, Gerald W. |
| 21 | | 10/27/2000 | |
Order/Judgment Mailed to Parties |
| 22 | | 11/16/2000 | |
MANDATE |
| 23 | | 11/28/2000 | |
Corrected/Substitute Opinion Page 4, para. 10, line 6 |
| 24 | | 11/21/2000 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 25 | | 05/22/2007 | |
EXPUNGED - Nonpermanent record items destroyed |