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: |
|
| Term: |
09/2001 Argument: 09/25/2001 01:30pm
|
| ND cite: |
2001 ND 204
|
| NW cite: |
636 N.W.2d 926
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
|
|
|
| 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.
|
|
 Add Docket 20010038 RSS
|
| 1 | | 02/05/2001 | |
NOTICE OF APPEAL: 01/30/2001 |
| 2 | | 02/05/2001 | |
ORDER FOR TRANSCRIPT: 01/30/2001 |
| 3 | | 02/13/2001 | |
Letter dated 2-12-01 from Steven Randall, Ct. Reporter, (w/attach.) informing us that preparation |
| 4 | | 02/13/2001 | |
of the TRA has been suspended for failure to make requested advance payment |
| 5 | | 02/20/2001 | |
Copy of Motion to Waive Costs of Transcript (w/attachments) |
| 6 | | 02/23/2001 | |
Copies of Motion to Waive Costs of Transcript, proposed Order, & Cert/Service |
| 7 | | 02/28/2001 | |
Copy of Judge Dawson's Amended Order dated 2-22-01 RE: City of Fargo to pay cost of Transcript |
| 8 | | 03/07/2001 | |
MOT. EXT/TIME APPELLANT BRIEF (LETTER FORM, LTR DTD 3-6-01) |
| 9 | | 03/07/2001 | |
ACTION BY CLERK (Date is approximate - actual date 40 days after TRA is filed). Granted: 04/30/2001 |
| 10 | | 03/06/2001 | |
Copy of letter dated 3-07-01 from Michael Montgomery to Joanne E. Klev, Clerk of Ct. w/copy of |
| 11 | | 03/06/2001 | |
Amended Order dated 2-22-01) |
| 12 | | 03/13/2001 | |
Copy of Order for Transcript of 8-7-00 hearing |
| 13 | | 03/19/2001 | |
Transcript dated 8-7-00 (Roger Mjones) |
| 14 | | 03/20/2001 | |
DISK - tra (8-7-00) |
| 15 | | 03/28/2001 | |
MOT. EXT/TIME APPELLANT BRIEF (sua sponte) |
| 16 | | 03/28/2001 | |
ACTION BY CLERK (sua sponte). Granted: 04/30/2001 |
| 17 | | 04/12/2001 | |
Transcript dated 1-22-01 |
| 18 | | 04/13/2001 | |
RECORD ON APPEAL - includes #46-Orig. transcript dated 8-7-00 |
| 19 | | 04/13/2001 | |
DISK - TRA (1-22-01) (Electronically transmitted) |
| 20 | | 04/30/2001 | |
APPELLANT BRIEF |
| 21 | | 04/30/2001 | |
attached addendum for Appellant's Brief |
| 22 | | 04/30/2001 | |
APPELLANT APPENDIX (Judgment not included) |
| 23 | | 05/08/2001 | |
Corrected TOA & pages 5,6,&9 for ATB & Judgment for ATA |
| 24 | | 05/08/2001 | |
DISK - ATB |
| 25 | | 06/04/2001 | |
APPELLEE BRIEF |
| 26 | | 06/05/2001 | |
DISK - AEB |
| 27 | | 09/25/2001 | |
APPEARANCES: Michael S. Montgomery; Timothy M. O'Keeffe |
| 28 | | 09/25/2001 | |
ARGUED: Montgomery; O'Keeffe (Vol. X; Page 160) |
| 29 | | 12/20/2001 | |
DISPOSITION: AFFIRMED |
| 30 | | 12/20/2001 | |
UNANIMOUS OPINION: Neumann, William A. |
| 31 | | 12/21/2001 | |
Order/Judgment Mailed to Parties |
| 32 | | 01/11/2002 | |
MANDATE |
| 33 | | 01/15/2002 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 34 | | 07/31/2007 | |
EXPUNGED - Nonpermanent record items destroyed |