City of Fargo v. Ellison
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| 20010131 |
City of Fargo, Plaintiff and Appellant
v.
Megan Rae Ellison, Defendant and Appellee
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| Appeal from: |
District Court,
East Central Judicial District,
Cass County
Judge Cynthia Rothe-Seeger |
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Nature of Action: |
Misc. Statutory Off. (Misdemeanor)
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| Counsel: |
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| Term: |
10/2001 Argument: 10/09/2001 10:45am
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| ND cite: |
2001 ND 175
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| NW cite: |
635 N.W.2d 151
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| Issues: |
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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 Add Docket 20010131 RSS
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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 |
| 11 | | 08/20/2001 | |
APPELLANT BRIEF |
| 12 | | 08/20/2001 | |
APPELLANT APPENDIX |
| 13 | | 08/22/2001 | |
SUPPLEMENTAL CLERK'S CERTIFICATE DATED 8-20-01 (Entry Nos. 31-32) |
| 14 | | 09/14/2001 | |
APPELLEE BRIEF |
| 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 |
| 24 | | 11/26/2001 | |
MANDATE |
| 25 | | 11/29/2001 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 26 | | 08/27/2007 | |
EXPUNGED - Nonpermanent record items destroyed |