State v. Heitzmann

20010017 State of North Dakota, Plaintiff and Appellee
v.
Craig Heitzmann, Defendant and Appellant

Appeal from: District Court, Southeast Judicial District, Barnes County
Judge John E. Greenwood
Nature of Action: Drugs/Contraband
Counsel:
Appellant: #Rosenquist Law Office
Appellee: H Jean Delaney , Asst. State's Attorney
Term: 05/2001   Argument: 05/15/2001  1:30pm
ND cite: 2001 ND 136
NW cite: 632 N.W.2d 1

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
I. Whether Heitzmann was in effect seized and therefore arrested in violation of Heitzmann's fourth amendment rights against unreasonable search and seizure.
II. Whether the search of Heitzmann, who was not lawfully arrested, was in violation of Heitzmann's fourth amendment rights against unreasonable search and seizure.

Appellee's Statement of the Issues:
I.Whether the initial seizure, frisk, and search were done in violation of the Fourth Amendment
II. Whether the search of the defendant was in violation of NDCC  29-29-21
III. Whether the defendant was illegally "arrested"

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Docket entries:
101/18/2001 NOTICE OF APPEAL: 01/16/2001
201/22/2001 DISK- TRA
302/14/2001 RECORD ON APPEAL, transcript dated 7-20-00, and video tape
403/02/2001 APPELLANT BRIEF
503/02/2001 APPELLANT APPENDIX (doesn't contain the docket sheet of lower court)
603/05/2001 DISK - ATB
703/09/2001 Corrected Page 6 for ATB & docket sheet of lower court for ATA
803/09/2001 DISK - ATB (corrected)
903/12/2001 Corrected TOA for ATB
1003/27/2001 APPELLEE BRIEF
1103/27/2001 DISK - AEB
1201/22/2001 TRANSCRIPT DATED October 9, 2000
1305/15/2001 APPEARANCES: Kerry S. Rosenquist; H. Jean Delaney
1405/15/2001 ARGUED: Rosenquist; Delaney (Vol. X; page 131)
1505/15/2001 ORAL ARGUMENT WEBCAST
1607/20/2001 DISPOSITION: AFFIRMED
1707/20/2001 UNANIMOUS OPINION: Kapsner, Carol Ronning
1807/23/2001 Order/Judgment Mailed to Parties
1908/13/2001 MANDATE
2009/26/2001 Corrected/Substitute Opinion Page 4
2108/15/2001 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
2207/19/2007 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 10/31/2014