City of Fargo v. Ellison

20010131 City of Fargo, Plaintiff and Appellant
v.
Megan Rae Ellison, Defendant and Appellee

Appeal from: District Court, East Central Judicial District, Cass County
Judge Cynthia Rothe-Seeger
Nature of Action: Misc. Statutory Off. (Misdemeanor)
Counsel:
Appellant: Stephen R. Dawson , City Prosecutor
Appellee: Cash Hennessy Aaland
Term: 10/2001   Argument: 10/09/2001  10:45am
ND cite: 2001 ND 175
NW cite: 635 N.W.2d 151

Listen to recording of oral argument in MP3 format

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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Docket entries:
105/21/2001 NOTICE OF APPEAL: 05/17/2001
205/21/2001 ORDER FOR TRANSCRIPT (2 orders, Kathleen Jorgensen and Joan Utter, Ct. Reporters): 05/17/2001
305/25/2001 AMENDED NOTICE OF APPEAL
406/11/2001 TRANSCRIPT of suppression hearing dated May 8, 2001
506/12/2001 DISK - transcript dated May 8, 2001
606/18/2001 RECORD ON APPEAL (not sent #16 (tape) & # 21 (steno notes))
707/10/2001 MOT. EXT/TIME TRANSCRIPT (Sua Sponte)
807/10/2001 ACTION BY CLERK (MTR). Granted: 07/10/2001
907/10/2001 TRANSCRIPT DATED May 15, 2001
1007/10/2001 DISK of TRA dated May 15, 2001
1108/20/2001 APPELLANT BRIEF
1208/20/2001 APPELLANT APPENDIX
1308/22/2001 SUPPLEMENTAL CLERK'S CERTIFICATE DATED 8-20-01 (Entry Nos. 31-32)
1409/14/2001 APPELLEE BRIEF
1509/17/2001 DISK - AEB
1609/24/2001 Corrected pages ii and 8 and corrected disk for ATB
1709/24/2001 DISK - atb
1810/09/2001 APPEARANCES: Stephen R. Dawson; Cash Hennessy Aaland
1910/09/2001 ARGUED: Dawson; Aaland (Vol. X; Page 163)
2010/09/2001 ORAL ARGUMENT WEBCAST
2111/02/2001 DISPOSITION (Remanded): AFFIRMED/PT, REVERSED/PT
2211/02/2001 UNANIMOUS OPINION: VandeWalle, Gerald W.
2311/05/2001 Order/Judgment Mailed to Parties
2411/26/2001 MANDATE
2511/29/2001 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
2608/27/2007 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 10/30/2014