State v. Linghor
State of North Dakota, Plaintiff and Appellee
Matthew Linghor, Defendant and Appellant
Northwest Judicial District,
Judge Gerald H. Rustad
|Nature of Action:||Drugs/Contraband|
|Term:||10/2004  Argument: 10/19/2004 1:30pm|
|ND cite:||2004 ND 224|
690 N.W.2d 201
Listen to recording of oral argument in MP3 format
Appellant's Statement of the Issues:|
1. Whether there is sufficient, competent evidence to support the trial court's findings that Matthew was searched sufficiently contemporaneous to his arrest to uphold an otherwise illegal pocket search conducted on Matthew prior to his arrest.
2. Whether evidence and information obtained from an otherwise illegal pocket search, prior to an arrest, can be used to support probable cause to arrest.
3. Whether the trial court's decision to deny Matthew's Motion to Suppress is contrary to the manifest weight of the evidence.
4. Whether the trial court erred, as a matter of law, when it held that Matthew was actually under arrest the entire time, including when he was subjected to the illegal pocket search.
5. Whether the trial court abused its discretion in declaring the first jury trial a mistrial.
6. Whether the trial court erred when it denied Matthew's Motion to Dismiss the case based upon double jeopardy grounds.
Appellee's Statement of the Issues:
A. Whether the pocket search of Mr. Linghor was justified as a valid search incident to arrest when probable cause existed to arrest Mr. Linghor at the time of the pocket search, and the arrest was made within minutes of the search. (The combination of Defendant's Issues #1, 2, 4).
B. Whether the pocket search of Mr. Linghor can be upheld based upon the principal of inevitable discovery when it is clear from the evidence presented that Mr. Linghor would have been arrested and searched at the end of the officer's investigation. (This issue appears to be briefly argued by the Defendant although not addressed in his Statement of the Issues).
C. Whether Mr. Linghor's conviction is barred on grounds of Double Jeopardy when he was retried after his first trial ended in a hung jury. (The combination of Defendant's Issues #5, 6).
|Add Docket 20030360 RSS|
|1||12/16/2003||NOTICE OF APPEAL: 12/15/2003|
|2||02/03/2004||RECORD ON APPEAL, not forwarded with the record were Nos. 3, 7, & 27 (Clerk's Min.),|
|3||02/03/2004||No. 10 (Ct. rec. Log), No 37 thru 71 (PL Exhibits 1,2,3,5,6a, 7 thru 28,30,32,33,34,36,38,40,41)|
|4||02/03/2004||99 thru 127 & 129 (PL Exhibits 1 thru 5, 7 thru 17, 19, 20, 22, 24, 26, 27, 28, 30, 31, 32,|
|5||02/03/2004||32, 34, 36, & 40), 163 (Steno Notes) and 164 (Clerk's Min.)|
|6||02/04/2004||Supplemental Clerk's Certificate dated 2-3-04 (Entry Nos. 167 & 168)|
|7||02/05/2004||ORDER FOR TRANSCRIPT: 02/03/2004|
|8||02/05/2004||Request for Return of ROA by Michael Levitt (letter dated 2-4-04)|
|9||02/05/2004||ACTION BY CLERK. Granted|
|10||02/06/2004||RETURN OF ROA TO DIST. CT.|
|11||03/01/2004||MOT. EXT/TIME TRANSCRIPT|
|12||03/01/2004||ACTION BY TRIAL COURT. Granted: 04/08/2004|
|13||04/12/2004||Copy of letter from Mike Levitt to Kevin Chapman RE: request for advanced payment for TRA|
|14||04/12/2004||MOT. EXT/TIME TRANSCRIPT|
|15||04/12/2004||ACTION BY CLERK. Granted: 05/14/2004|
|16||05/04/2004||Copy of letter from Mike Levitt to Matthew Linghar (advance payment not rec'd; considering|
|17||05/04/2004||suspending further preparation of TRA)|
|18||05/17/2004||MOT. EXT/TIME TRANSCRIPT (sua sponte)|
|19||05/17/2004||ACTION BY CLERK (sua sponte). Granted: 05/17/2004|
|20||05/17/2004||TRANSCRIPTS DATED 4/24/03, 9/17&18/03, 12/4&5/03 (3 vols.)|
|21||05/18/2004||DISK - (2) TRA (4/24/03, 9/17&18/03 & 12/4&5/03)|
|22||05/18/2004||Refiled RECORD ON APPEAL Not rec'd: #3,7,27 & 164--Clerk's Min.; 10--Ct. Rec. Log; 163--Steno|
|23||05/18/2004||Notes; 37-71--PL Exhibits 1, 2, 3, 5, 6a, 7-28, 30, 32, 33, 34, 36, 38, 40, & 41;|
|24||05/18/2004||99-127 and 129--PL. Exhibits 1-5, 6A, 6B, 7-12, 14-17, 19, 20, 22, 24, 26, 27, 28, 30, 31, 32,|
|25||05/18/2004||32, 34, 36, & 40|
|26||06/18/2004||MOT. EXT/TIME APPELLANT BRIEF|
|27||06/18/2004||ACTION BY CLERK (MAT). Granted: 07/16/2004|
|28||06/23/2004||Record on Appeal Entry Nos. 37 & 99(Pl's Exh. 1), 38 & 100 (Pl's Exh. 2), 39 & 101(Pl's Exh. 3),|
|29||06/23/2004||41 & 103 (Pl's Exh. 6-A), 45 & 107 (Pl's Exh. 10), 49 & 111 (Pl's Exh. 14), 52 & 114 (Pl's|
|30||06/23/2004||Exh. 17), 53 (Pl's Exh. 18), 62 & 120 (Pl's Exh. 27), 70 & 129 (Pl's Exh. 40)|
|33||07/16/2004||DISK - atb|
|35||08/13/2004||DISK - AEB|
|36||10/19/2004||APPEARANCES: Kevin J. Chapman, Matthew Linghor; Nicole E. Foster|
|37||10/19/2004||ARGUED: Chapman; Foster (Vol. Z; page 42)|
|38||10/19/2004||ORAL ARGUMENT WEBCAST|
|40||12/14/2004||UNANIMOUS OPINION: VandeWalle, Gerald W.|
|41||12/14/2004||(CONCUR in Result): Maring, Mary Muehlen: CON/RES|
|42||12/15/2004||Judgment Mailed to Parties|
|44||01/07/2005||RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|
|45||05/20/2011||EXPUNGED - Nonpermanent record items destroyed|