State v. Utvick
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| 20030103 |
State of North Dakota, Plaintiff and Appellant
v.
Ryan Dean Utvick, Defendant and Appellee
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| Appeal from: |
District Court,
East Central Judicial District,
Cass County
Judge Norman J. Backes |
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Nature of Action: |
Drugs/Contraband
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| Counsel: |
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| Term: |
09/2003 Argument: 09/11/2003 10:45am
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| ND cite: |
2004 ND 36
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| NW cite: |
675 N.W.2d 387
Listen to recording of oral argument
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| Issues: |
Appellant's Statement of the Issues:
1) Whether the District Court erred in granting defendant's motion to suppress by concluding that there was not probable cause for a no-knock search authorization.
2) Whether the District Court erred in granting defendant's motion to suppress by concluding that it was entirely unreasonable for law enforcement to believe that there was probable cause for a no-knock search authorization.
Appellee's Statement of the Issues:
1. Whether the District Court erred in granting Appellee Utvick's motion to suppress by concluding that there was not probable cause for a no-knock search warrant.
2. Whether the District Court erred in granting Appellee Utvick's motion to suppress by concluding that it was entirely unreasonable for law enforcement to believe that there was probable cause for a no-knock search authorization.
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| 1 | | 04/07/2003 | |
NOTICE OF APPEAL: 03/18/2003 |
| 2 | | 04/07/2003 | |
ORDER FOR TRANSCRIPT: 03/18/2003 |
| 3 | | 04/07/2003 | |
TRANSCRIPT DATED February 5, 2003 |
| 4 | | 04/07/2003 | |
DISK - TRA (2-5-03)(e-mailed) |
| 5 | | 04/14/2003 | |
RECORD ON APPEAL (Not rec'd: 6,10,&29 -- Copies of Felony Scheduling Orders and 15,40&46 - tapes) |
| 6 | | 05/19/2003 | |
APPELLANT BRIEF |
| 7 | | 05/19/2003 | |
APPELLANT APPENDIX |
| 8 | | 05/20/2003 | |
DISK - ATB |
| 9 | | 06/12/2003 | |
APPELLEE BRIEF |
| 10 | | 06/12/2003 | |
APPELLEE APPENDIX |
| 11 | | 06/13/2003 | |
DISK - AEB |
| 12 | | 09/11/2003 | |
APPEARANCES: Birch P. Burdick; Lindsey D. Haugen, Ryan Utvick |
| 13 | | 09/11/2003 | |
ARGUED: Burdick; Haugen (Vol. Y; Page 139) |
| 14 | | 09/11/2003 | |
ORAL ARGUMENT WEBCAST |
| 15 | | 02/25/2004 | |
DISPOSITION: REVERSED AND REMANDED |
| 16 | | 02/25/2004 | |
SPLIT OPINION: Neumann, William A. |
| 17 | | 02/25/2004 | |
(CONCUR Specially): Sandstrom, Dale V.: CONCUR |
| 18 | | 02/25/2004 | |
(CONCUR & DISSENT): Maring, Mary Muehlen: CON/DIS |
| 19 | | 02/26/2004 | |
Judgment Mailed to Parties |
| 20 | | 03/18/2004 | |
MANDATE |
| 21 | | 03/23/2004 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 22 | | 05/24/2010 | |
EXPUNGED - Nonpermanent record items destroyed |