State v. Hansen

20050387 State of North Dakota, Plaintiff and Appellant
Brent Alan Hansen, Defendant and Appellee

Appeal from: District Court, East Central Judicial District, Cass County
Judge Steven E. McCullough
Nature of Action: Drugs/Contraband
Appellant: Tracy Jo Peters , Asst. State's Attorney
Appellee: Mark Anthony Beauchene
Appellant: Wayne K. Stenehjem , Att. General Office
Appellant: Robert P. Bennett , Att. General Office
Term: 04/2006   Argument: 04/20/2006
ND cite: 2006 ND 139
NW cite: 717 N.W.2d 541

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
I. This appeal is not moot upon remand to the district court for entry of a guilty plea and imposition of sentence.
II. Whether the district court erred in declaring that N.D.C.C.  19-03.1-46 violates the constitutions of the State of North Dakota and the United States when the constitutional issues were not properly raised by the Defendant, the district court did not avoid the constitutional questions or attempt to preserve the constitutionality of the statute, and no reasonable or required notice was provided to the state's attorney or the Attorney General to respond to alleged constitutional infirmities of the statute.
III. Whether the district court erred in declaring that N.D.C.C.  19-03.1-46 violates N.D. Const. art. VI,  3 relating to separation of government powers.
IV. Whether the district court erred in declaring that N.D.C.C.  19-03.1-46 violates the Fourth Amendment to the United States Constitution and N.D. Const. art. I,  8, prohibiting unreasonable searches and seizures.

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Docket entries:
110/24/2005 NOTICE OF APPEAL: 10/24/2005
210/24/2005 ORDER FOR TRANSCRIPT: 11/09/2005
311/18/2005 TRANSCRIPT DATED October 7, 2005
411/22/2005 DISK - tra (10-7-05)
512/01/2005 RECORD ON APPEAL not forwarded w/the record was No. 19 (Tape)
612/20/2005 MOTION FOR Temporary Remand (faxed)
712/20/2005 E-FILED MOTION (Mot/Temporary Remand)
812/20/2005 ACTION BY CHIEF JUSTICE. Granted
912/20/2005 ORDER OF REMAND
1012/20/2005 Order of Remand sent to parties
1112/28/2005 APPELLANT BRIEF (e-filed)
1212/28/2005 E-FILED BRIEF (ATB)
1401/03/2006 Payment of $25 surcharge for electronic ATB (Receipt #16717)
1501/03/2006 Copies made of e-filed ATB
1701/25/2006 ACTION BY CLERK (w/understanding o.a. in April). Granted: 02/26/2006
1802/15/2006 Clerk's Supp. Cert. of ROA dated February 13, 2006, with entries 23 through 27 attached (not
1902/15/2006 received -- entry (tape))
2002/22/2006 Letter dated 2-21-06 from Robert Bennett re corrections to Appellant's Brief
2102/24/2006 APPELLEE BRIEF
2202/27/2006 DISK - AEB
2304/20/2006 APPEARANCES: Robert P. Bennett, Tracy J. Peters; Mark A. Beauchene
2404/20/2006 ARGUED: Bennett; Beauchene
2606/29/2006 DISPOSITION (Vacation Ordered): DISMISSED
2706/29/2006 UNANIMOUS OPINION: VandeWalle, Gerald W.
2807/03/2006 Judgment Mailed to Parties
2907/21/2006 MANDATE
3102/11/2016 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 06/22/2018