City of Fargo v. Ellison
City of Fargo, Plaintiff and Appellant
Megan Rae Ellison, Defendant and Appellee
East Central Judicial District,
Judge Cynthia Rothe-Seeger
|Nature of Action:||Misc. Statutory Off. (Misdemeanor)|
|Term:||10/2001  Argument: 10/09/2001 10:45am|
|ND cite:||2001 ND 175|
635 N.W.2d 151
Listen to recording of oral argument in MP3 format
Appellant's Statement of the Issues:|
I. The pre trial order to suppress evidence is appealable by the City of Fargo pursuant to N.D.C.C. 29-28-07 (5).
II When a police officer explains to a defendant her right to refuse consent and informs the defendant she will not be arrested if she refuses consent, her subsequent consent to the police to enter and search her residence is voluntary.
III Evidence of defendant's identity and age, when presented through a collateral source is not tainted by an unrelated search violation and is admissible at trial.
Appellee's Statement of the Issues:
I. Whether the Trial Court's order suppressing evidence should be affirmed as, after resolving conflicting evidence in favor of affirmance, there is sufficient competent evidence to support the Trial Court's order and the order is not contrary to the manifest weight of the evidence.
II. Whether Trial Court's subsequent order suppressing the State's proposed evidence should be affirmed as there is sufficient competent evidence to support the Trial Court's order and the order is not contrary to the manifest weight of the evidence.
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|1||05/21/2001||NOTICE OF APPEAL: 05/17/2001|
|2||05/21/2001||ORDER FOR TRANSCRIPT (2 orders, Kathleen Jorgensen and Joan Utter, Ct. Reporters): 05/17/2001|
|3||05/25/2001||AMENDED NOTICE OF APPEAL|
|4||06/11/2001||TRANSCRIPT of suppression hearing dated May 8, 2001|
|5||06/12/2001||DISK - transcript dated May 8, 2001|
|6||06/18/2001||RECORD ON APPEAL (not sent #16 (tape) & # 21 (steno notes))|
|7||07/10/2001||MOT. EXT/TIME TRANSCRIPT (Sua Sponte)|
|8||07/10/2001||ACTION BY CLERK (MTR). Granted: 07/10/2001|
|9||07/10/2001||TRANSCRIPT DATED May 15, 2001|
|10||07/10/2001||DISK of TRA dated May 15, 2001|
|13||08/22/2001||SUPPLEMENTAL CLERK'S CERTIFICATE DATED 8-20-01 (Entry Nos. 31-32)|
|15||09/17/2001||DISK - AEB|
|16||09/24/2001||Corrected pages ii and 8 and corrected disk for ATB|
|17||09/24/2001||DISK - atb|
|18||10/09/2001||APPEARANCES: Stephen R. Dawson; Cash Hennessy Aaland|
|19||10/09/2001||ARGUED: Dawson; Aaland (Vol. X; Page 163)|
|20||10/09/2001||ORAL ARGUMENT WEBCAST|
|21||11/02/2001||DISPOSITION (Remanded): AFFIRMED/PT, REVERSED/PT|
|22||11/02/2001||UNANIMOUS OPINION: VandeWalle, Gerald W.|
|23||11/05/2001||Order/Judgment Mailed to Parties|
|25||11/29/2001||RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|
|26||08/27/2007||EXPUNGED - Nonpermanent record items destroyed|