State v. Fitterer

20020076 State of North Dakota, Plaintiff and Appellee
v.
Larry Fitterer, Defendant and Appellant

Appeal from: District Court, South Central Judicial District, Burleigh County
Judge Thomas J. Schneider
Nature of Action: Dui/Dus
Counsel:
Appellee: Leann Katherine Bertsch , Asst. State's Attorney
Appellant: Michael Ray Hoffman
Term: 09/2002   Argument: 09/04/2002  2:45pm
ND cite: 2002 ND 170
NW cite: 652 N.W.2d 908

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
1.Should defendant's motion to suppress evidence have been granted in that the State failed to go forward with record evidence that the checkpoint stop of defendant's vehicle was in compliance with the Fourth Amendment of the U.S. Constitution?
2.Should defendant's motion to suppress evidence have been granted in that the State failed to provide to defendant any discovery regarding the checkpoint in violation of Rule 16, NDRCrimP?

Appellee's Statement of the Issues:
I. Did the trial court err in dismissing Fitterer's Motion to Suppress Evidence when that Motion failed to state any specific unconstitutional conduct by law enforcement?
II. Was the State required to disclose material related to a DUI checkpoint pursuant to Rule 16 of the North Dakota Rules of Criminal Procedure?

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Docket entries:
103/21/2002 NOTICE OF APPEAL: 03/18/2002
203/21/2002 ORDER FOR TRANSCRIPT: 03/18/2002
303/22/2002 TRANSCRIPT DATED 12-19-01
403/25/2002 DISK - TRA dated 12-19-01
504/16/2002 RECORD ON APPEAL, original Transcript dated 12-19-01, & Exhibits
604/30/2002 Supplemental Clerk's Certificate dated April 26, 2002 (Entries 39 thru 41)
705/01/2002 APPELLANT BRIEF
805/01/2002 APPELLANT APPENDIX
905/01/2002 DISK of ATB (electronically transmitted)
1005/21/2002 Refiled Supplemental Clerk's Certificate dated 4-26-02 (Entry Nos. 39-41)
1105/21/2002 Supplemental Clerk's Certificate dated 5-20-02 (Entry Nos. 42-25)
1205/29/2002 APPELLEE BRIEF
1305/29/2002 DISK - aeb
1405/30/2002 REPLY BRIEF of appellant
1505/30/2002 DISK - RYB (e-mailed)
1609/04/2002 APPEARANCES: Michael R. Hoffman; Leann K. Bertsch
1709/04/2002 ARGUED: Hoffman; Bertsch (Vol. Y; Page 17)
1809/04/2002 ORAL ARGUMENT WEBCAST
1911/05/2002 DISPOSITION (w/instructions): REVERSED AND REMANDED
2011/05/2002 UNANIMOUS OPINION: Neumann, William A.
2111/05/2002 (CONCUR IN RESULT): Sandstrom, Dale V.: CON/RES
2211/13/2002 Order/Judgment Mailed to Parties
2311/12/2002 PETITION FOR REHEARING
2411/13/2002 DISK - PER (E-Mailed)
2512/04/2002 ACTION BY SUPREME COURT. Denied
2612/18/2002 MANDATE
2712/20/2002 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
2807/14/2008 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 09/23/2014