State v. Heitzmann
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| 20010017 |
State of North Dakota, Plaintiff and Appellee
v.
Craig Heitzmann, Defendant and Appellant
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| Appeal from: |
District Court,
Southeast Judicial District,
Barnes County
Judge John E. Greenwood |
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Nature of Action: |
Drugs/Contraband
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| Counsel: |
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| Term: |
05/2001 Argument: 05/15/2001 01:30pm
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| ND cite: |
2001 ND 136
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| NW cite: |
632 N.W.2d 1
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| 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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| 1 | | 01/18/2001 | |
NOTICE OF APPEAL: 01/16/2001 |
| 2 | | 01/22/2001 | |
DISK- TRA |
| 3 | | 02/14/2001 | |
RECORD ON APPEAL, transcript dated 7-20-00, and video tape |
| 4 | | 03/02/2001 | |
APPELLANT BRIEF |
| 5 | | 03/02/2001 | |
APPELLANT APPENDIX (doesn't contain the docket sheet of lower court) |
| 6 | | 03/05/2001 | |
DISK - ATB |
| 7 | | 03/09/2001 | |
Corrected Page 6 for ATB & docket sheet of lower court for ATA |
| 8 | | 03/09/2001 | |
DISK - ATB (corrected) |
| 9 | | 03/12/2001 | |
Corrected TOA for ATB |
| 10 | | 03/27/2001 | |
APPELLEE BRIEF |
| 11 | | 03/27/2001 | |
DISK - AEB |
| 12 | | 01/22/2001 | |
TRANSCRIPT DATED October 9, 2000 |
| 13 | | 05/15/2001 | |
APPEARANCES: Kerry S. Rosenquist; H. Jean Delaney |
| 14 | | 05/15/2001 | |
ARGUED: Rosenquist; Delaney (Vol. X; page 131) |
| 15 | | 05/15/2001 | |
ORAL ARGUMENT WEBCAST |
| 16 | | 07/20/2001 | |
DISPOSITION: AFFIRMED |
| 17 | | 07/20/2001 | |
UNANIMOUS OPINION: Kapsner, Carol Ronning |
| 18 | | 07/23/2001 | |
Order/Judgment Mailed to Parties |
| 19 | | 08/13/2001 | |
MANDATE |
| 20 | | 09/26/2001 | |
Corrected/Substitute Opinion Page 4 |
| 21 | | 08/15/2001 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 22 | | 07/19/2007 | |
EXPUNGED - Nonpermanent record items destroyed |