State v. Boyd

20020136 State of North Dakota, Plaintiff and Appellee
v.
Jocelyn Boyd, Defendant and Appellant

Appeal from: District Court, South Central Judicial District, Burleigh County
Judge Robert O. Wefald
Nature of Action: Drugs/Contraband
Counsel:
Appellant: Kent M. Morrow
Appellee: Cynthia Mae Feland , Asst. State's Attorney
Term: 10/2002   Argument: 10/01/2002  1:30pm
ND cite: 2002 ND 203
NW cite: 654 N.W.2d 392

Listen to recording of oral argument
using RealPlayer Basic,© a free download.

Issues: Appellant's Statement of the Issues:
1. Did the trial court err in its findings that Deputy Schuh had a reasonable suspicion of criminal activity to conduct a license check of Boyd's vehicle?
2. Did the trial court err in finding that the initial stop of Boyd's vehicle was justified by the "commmunity caretaker" exception to the Fourth Amendment?

Appellee's Statement of the Issues:
I. Did the trial court error in it's finding that Deputy Schuh had a reasonable suspicion of criminal activity to conduct a license check of Boyd's vehicle?
II Did the trial court error in it's finding that Deputy Schuh was justified in stopping Boyd's vehicle under the community caretaker exception to the Fourth Amendment?

Add Docket 20020136 RSS Add Docket 20020136 RSS

Docket entries:
106/04/2002 NOTICE OF APPEAL: 05/31/2002
206/04/2002 ORDER FOR TRANSCRIPT: 05/31/2002
306/11/2002 TRANSCRIPT DATED October 25, 2001
406/11/2002 DISK - TRA (10-25-01)(e-mailed)
507/11/2002 RECORD ON APPEAL, original Transcript dated 6-22-01 & original Transcript dated 10-25-01
607/19/2002 APPELLANT BRIEF
707/19/2002 APPELLANT APPENDIX
807/19/2002 DISK - ATB
908/15/2002 APPELLEE BRIEF
1009/12/2002 Corrected page i of TOC & page 3 for AEB
1109/12/2002 DISK - AEB
1210/01/2002 APPEARANCES: Kent M. Morrow; Cynthia M. Feland
1310/01/2002 ARGUED: Morrow; Feland (Vol. Y; Page 34)
1410/01/2002 ORAL ARGUMENT WEBCAST
1512/20/2002 DISPOSITION: AFFIRMED
1612/20/2002 SPLIT OPINION: VandeWalle, Gerald W.
1712/20/2002 (CONCUR): Kapsner, Carol Ronning: CONCUR
1812/24/2002 Order/Judgment Mailed to Parties
1901/13/2003 MANDATE
2001/15/2003 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
2107/29/2008 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 04/23/2014