City of Fargo v. Roberson

20010038 City of Fargo, Plaintiff and Appellee
v.
Robbie Del James Roberson, Defendant and Appellant

Appeal from: District Court, East Central Judicial District, Cass County
Judge Georgia Dawson
Nature of Action: Misc. Statutory Off. (Misdemeanor)
Counsel:
Appellant: Montgomery, Goff and Bullis
Appellee: Timothy Michael O'Keeffe , City Prosecutor
Term: 09/2001   Argument: 09/25/2001  1:30pm
ND cite: 2001 ND 204
NW cite: 636 N.W.2d 926

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
1. Whether or not the criminal charge of unlawfully resisting a police officer should be dismissed based upon the evidence of police acting unlawfully?
2. Whether there is sufficient evidence in the record to support the conviction?

Appellee's Statement of the Issues:
Whether the Defendant's conviction of resisting a police officer should be dismissed when the arresting police officer stopped the Defendant on suspicion of criminal activity and it was subsequently determined that there was no other criminal activity.
A. Whether Officer Potter's actions were lawful considering the Defendant's suspicious activity and alarming behavior.
B. Whether the Defendant's resistance was justified.
C. Whether there is sufficient evidence to support the conviction of resisting a police officer when the Defendant used force and violence to resist being handcuffed by police officers who were attempting to secure their safety and arrest the Defendant for what they believed to be disorderly conduct.

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Docket entries:
102/05/2001 NOTICE OF APPEAL: 01/30/2001
202/05/2001 ORDER FOR TRANSCRIPT: 01/30/2001
302/13/2001 Letter dated 2-12-01 from Steven Randall, Ct. Reporter, (w/attach.) informing us that preparation
402/13/2001 of the TRA has been suspended for failure to make requested advance payment
502/20/2001 Copy of Motion to Waive Costs of Transcript (w/attachments)
602/23/2001 Copies of Motion to Waive Costs of Transcript, proposed Order, & Cert/Service
702/28/2001 Copy of Judge Dawson's Amended Order dated 2-22-01 RE: City of Fargo to pay cost of Transcript
803/07/2001 MOT. EXT/TIME APPELLANT BRIEF (LETTER FORM, LTR DTD 3-6-01)
903/07/2001 ACTION BY CLERK (Date is approximate - actual date 40 days after TRA is filed). Granted: 04/30/2001
1003/06/2001 Copy of letter dated 3-07-01 from Michael Montgomery to Joanne E. Klev, Clerk of Ct. w/copy of
1103/06/2001 Amended Order dated 2-22-01)
1203/13/2001 Copy of Order for Transcript of 8-7-00 hearing
1303/19/2001 Transcript dated 8-7-00 (Roger Mjones)
1403/20/2001 DISK - tra (8-7-00)
1503/28/2001 MOT. EXT/TIME APPELLANT BRIEF (sua sponte)
1603/28/2001 ACTION BY CLERK (sua sponte). Granted: 04/30/2001
1704/12/2001 Transcript dated 1-22-01
1804/13/2001 RECORD ON APPEAL - includes #46-Orig. transcript dated 8-7-00
1904/13/2001 DISK - TRA (1-22-01) (Electronically transmitted)
2004/30/2001 APPELLANT BRIEF
2104/30/2001 attached addendum for Appellant's Brief
2204/30/2001 APPELLANT APPENDIX (Judgment not included)
2305/08/2001 Corrected TOA & pages 5,6,&9 for ATB & Judgment for ATA
2405/08/2001 DISK - ATB
2506/04/2001 APPELLEE BRIEF
2606/05/2001 DISK - AEB
2709/25/2001 APPEARANCES: Michael S. Montgomery; Timothy M. O'Keeffe
2809/25/2001 ARGUED: Montgomery; O'Keeffe (Vol. X; Page 160)
2912/20/2001 DISPOSITION: AFFIRMED
3012/20/2001 UNANIMOUS OPINION: Neumann, William A.
3112/21/2001 Order/Judgment Mailed to Parties
3201/11/2002 MANDATE
3301/15/2002 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
3407/31/2007 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 12/22/2014