State v. Bergstrom

20030160 State of North Dakota, Plaintiff and Appellee
v.
Zachary Bergstrom, Defendant and Appellant

Appeal from: District Court, South Central Judicial District, Burleigh County
Judge Robert O. Wefald
Nature of Action: Drugs/Contraband
Counsel:
Appellant: Susan Schmidt
Appellee: Cynthia Mae Feland , Asst. State's Attorney
Term: 02/2004   Argument: 02/05/2004  Waived
ND cite: 2004 ND 48
NW cite: 676 N.W.2d 83


Issues: Appellant's Statement of the Issues:
1.Should evidence obtained pursuant to a search warrant that was issued with no sworn testimony regarding the location to be searched be suppressed?
2.Was the defendant denied his right to a speedy trial when his trial did not take place until more than 800 days after his arrest, the trial was rescheduled many times and the State was granted a continuance without allowing the defense an opportunity to object?

Appellee's Statement of the Issues:
I. Was there evidence presented to the magistrate describing the residence to be searched with sufficient particularity?
II. Must a defendant make a formal demand for speedy trial before the right to speedy trial attaches?

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Docket entries:
106/12/2003 NOTICE OF APPEAL: 06/10/2003
206/17/2003 ORDER FOR TRANSCRIPT: 06/17/2003
307/09/2003 RETENTION OF RECORD ON APPEAL: 08/06/2003
408/04/2003 Transcript dated 3-4-03
508/04/2003 DISK - TRA (3-4-03)(e-mailed)
608/11/2003 RECORD ON APPEAL & separates, including TRA dated 11-05-01 (not rec'd: Cert. Nos. 42a, 151, 152 -
708/11/2003 court reporter notes)
808/20/2003 MOT. EXT/TIME TRANSCRIPT w/ attachments
908/20/2003 ACTION BY CHIEF JUSTICE (final transcripts are due). Granted: 10/09/2003
1008/20/2003 MOT. EXT/TIME APPELLANT BRIEF (part of Mot/Ext/TRA)
1108/20/2003 ACTION BY CHIEF JUSTICE (11/18/03 is approx. date; ATB is due 40 days after final trans. filed). Granted: 11/18/2003
1208/21/2003 RETURN OF ROA TO DIST. CT. for use by Court Reporter
1310/07/2003 REFILED RECORD ON APPEAL & SEPARATES, INCLUDING TRA 11-5-01 (Not rec'd: Cert. Nos. 42a, 151, 152 -
1410/07/2003 - Court Reporter Notes)
1510/07/2003 TRANSCRIPT DATED June 4 & June 5, 2003 (2 Volumes)
1610/07/2003 DISK - TRA of 6-4&5-03 (e-mailed)
1710/20/2003 Clerk's Supp. Cert. of ROA dated Oct. 17, 2003, w/entries 151-157 (not rec'd 158-159 steno notes)
1811/14/2003 DISK - atb - (electronically filed)
1911/17/2003 APPELLANT BRIEF
2011/17/2003 APPELLANT APPENDIX
2111/18/2003 ANNOUNCED DISQUALIFICATION: Sandstrom, Dale V.
2212/05/2003 MOT. EXT/TIME APPELLEE BRIEF
2312/05/2003 ACTION BY CLERK. Granted: 01/16/2004
2401/13/2004 APPELLEE BRIEF
2501/13/2004 DISK - aeb
2601/22/2004 SITTING WITH THE COURT: Mattson, Douglas L.
2701/26/2004 S.CT. DETERMINED ORAL ARGUMENT NOT NECESSARY
2802/05/2004 APPEARANCES: submitted on brief under N.D.R.App.P. 34(a)(2)
2902/05/2004 ARGUED: submitted on brief under N.D.R.App.P. 34(a)(2) (Vol. Y; Page 203)
3002/27/2004 DISPOSITION: AFFIRMED
3102/27/2004 UNANIMOUS OPINION: Maring, Mary Muehlen
3203/27/2004 Judgment Mailed to Parties
3303/22/2004 MANDATE
3403/29/2004 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
3510/21/2010 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 11/24/2014