State v. Holzer
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| 20020180 |
State of North Dakota, Plaintiff and Appellee
v.
Johnathan Holzer,a/k/a
Jonathon Holzer, Defendant and Appellant
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| Appeal from: |
District Court,
South Central Judicial District,
Burleigh County
Judge Bruce B. Haskell |
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Nature of Action: |
Drugs/Contraband
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| Counsel: |
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| Term: |
11/2002 Argument: 11/22/2002 02:45pm
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| ND cite: |
2003 ND 19
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| NW cite: |
656 N.W.2d 686
Listen to recording of oral argument
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| Issues: |
Appellant's Statement of the Issues:
A search warrant was issued without probable cause, in violation of the Fourth Amendment, and even greater protection provided by Article 1, Section 8 of the North Dakota State Constitution, in that the informant, Jason Steen, was not established to
be reliable, because Officer Olson recklessly omitted that, earlier that morning, Steen continuously lied to police for over an hour as to his identity and only offered information in exchange for being released, while Olson also recklessly failed to
reveal that his information was contrary to Steen's signed statement.
Appellee's Statement of the Issues:
I. Whether the trial court erred in its finding that there was probable cause to issue the search warrant.
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| 1 | | 07/11/2002 | |
NOTICE OF APPEAL: 06/26/2002 |
| 2 | | 07/11/2002 | |
AMENDED NOTICE OF APPEAL (filed in trial ct. 7-05-02) |
| 3 | | 07/11/2002 | |
ORDER FOR TRANSCRIPT: 06/26/2002 |
| 4 | | 08/08/2002 | |
TRANSCRIPTS DATED May 29, 2002 and June 26, 2002 |
| 5 | | 08/08/2002 | |
DISK - TRA's of May 29 & June 26, 02 |
| 6 | | 09/03/2002 | |
RECORD ON APPEAL |
| 7 | | 09/17/2002 | |
APPELLANT BRIEF |
| 8 | | 09/17/2002 | |
APPELLANT APPENDIX |
| 9 | | 09/18/2002 | |
Corrected TOC & pages iv, vii, 4, 7, 8, 12, 14, & 24 for ATB |
| 10 | | 09/18/2002 | |
DISK - atb |
| 11 | | 10/16/2002 | |
APPELLEE BRIEF |
| 12 | | 10/16/2002 | |
DISK - aeb |
| 13 | | 11/22/2002 | |
APPEARANCES: Chad R. McCabe; Julie Ann Lawyer |
| 14 | | 11/22/2002 | |
ARGUED: McCabe; Lawyer (Vol. Y; Page 59) |
| 15 | | 11/22/2002 | |
ORAL ARGUMENT WEBCAST |
| 16 | | 02/12/2003 | |
Letter dated 2-12-03 from Chad McCabe with Attachment (State v. Hendrickson, Kan.Ct.App.,No.88.828) |
| 17 | | 02/19/2003 | |
DISPOSITION: AFFIRMED |
| 18 | | 02/19/2003 | |
UNANIMOUS OPINION: Maring, Mary Muehlen |
| 19 | | 03/05/2003 | |
PETITION FOR REHEARING |
| 20 | | 03/07/2003 | |
DISK - PER (e-mailed) |
| 21 | | 03/26/2003 | |
ACTION BY SUPREME COURT (PER). Denied |
| 22 | | 04/03/2003 | |
MANDATE |
| 23 | | 04/08/2003 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 24 | | 08/05/2008 | |
EXPUNGED - Nonpermanent record items destroyed |