State v. Utvick

20030103 State of North Dakota, Plaintiff and Appellant
v.
Ryan Dean Utvick, Defendant and Appellee

Appeal from: District Court, East Central Judicial District, Cass County
Judge Norman J. Backes
Nature of Action: Drugs/Contraband
Counsel:
Appellant: Mark Rainer Boening , Asst. State's Attorney
Appellee: Larivee & Light
Appellant: Birch Peterson Burdick , State's Attorney
Term: 09/2003   Argument: 09/11/2003  10:45am
ND cite: 2004 ND 36
NW cite: 675 N.W.2d 387

Listen to recording of oral argument in MP3 format

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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Docket entries:
104/07/2003 NOTICE OF APPEAL: 03/18/2003
204/07/2003 ORDER FOR TRANSCRIPT: 03/18/2003
304/07/2003 TRANSCRIPT DATED February 5, 2003
404/07/2003 DISK - TRA (2-5-03)(e-mailed)
504/14/2003 RECORD ON APPEAL (Not rec'd: 6,10,&29 -- Copies of Felony Scheduling Orders and 15,40&46 - tapes)
605/19/2003 APPELLANT BRIEF
705/19/2003 APPELLANT APPENDIX
805/20/2003 DISK - ATB
906/12/2003 APPELLEE BRIEF
1006/12/2003 APPELLEE APPENDIX
1106/13/2003 DISK - AEB
1209/11/2003 APPEARANCES: Birch P. Burdick; Lindsey D. Haugen, Ryan Utvick
1309/11/2003 ARGUED: Burdick; Haugen (Vol. Y; Page 139)
1409/11/2003 ORAL ARGUMENT WEBCAST
1502/25/2004 DISPOSITION: REVERSED AND REMANDED
1602/25/2004 SPLIT OPINION: Neumann, William A.
1702/25/2004 (CONCUR Specially): Sandstrom, Dale V.: CONCUR
1802/25/2004 (CONCUR & DISSENT): Maring, Mary Muehlen: CON/DIS
1902/26/2004 Judgment Mailed to Parties
2003/18/2004 MANDATE
2103/23/2004 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
2205/24/2010 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 12/22/2014