State v. Hansen
|
| 20050387 |
State of North Dakota, Plaintiff and Appellant
v.
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
|
| Counsel: |
|
| Term: |
04/2006 Argument: 04/20/2006 09:00am
|
| ND cite: |
2006 ND 139
|
| NW cite: |
717 N.W.2d 541
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
|
|
|
| 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.
|
|
 Add Docket 20050387 RSS
|
| 1 | | 10/24/2005 | |
NOTICE OF APPEAL: 10/24/2005 |
| 2 | | 10/24/2005 | |
ORDER FOR TRANSCRIPT: 11/09/2005 |
| 3 | | 11/18/2005 | |
TRANSCRIPT DATED October 7, 2005 |
| 4 | | 11/22/2005 | |
DISK - tra (10-7-05) |
| 5 | | 12/01/2005 | |
RECORD ON APPEAL not forwarded w/the record was No. 19 (Tape) |
| 6 | | 12/20/2005 | |
MOTION FOR Temporary Remand (faxed) |
| 7 | | 12/20/2005 | |
E-FILED MOTION (Mot/Temporary Remand) |
| 8 | | 12/20/2005 | |
ACTION BY CHIEF JUSTICE. Granted |
| 9 | | 12/20/2005 | |
ORDER OF REMAND |
| 10 | | 12/20/2005 | |
Order of Remand sent to parties |
| 11 | | 12/28/2005 | |
APPELLANT BRIEF (e-filed) |
| 12 | | 12/28/2005 | |
E-FILED BRIEF (ATB) |
| 13 | | 12/28/2005 | |
APPELLANT APPENDIX |
| 14 | | 01/03/2006 | |
Payment of $25 surcharge for electronic ATB (Receipt #16717) |
| 15 | | 01/03/2006 | |
Copies made of e-filed ATB |
| 16 | | 01/25/2006 | |
MOT. EXT/TIME APPELLEE BRIEF |
| 17 | | 01/25/2006 | |
ACTION BY CLERK (w/understanding o.a. in April). Granted: 02/26/2006 |
| 18 | | 02/15/2006 | |
Clerk's Supp. Cert. of ROA dated February 13, 2006, with entries 23 through 27 attached (not |
| 19 | | 02/15/2006 | |
received -- entry (tape)) |
| 20 | | 02/22/2006 | |
Letter dated 2-21-06 from Robert Bennett re corrections to Appellant's Brief |
| 21 | | 02/24/2006 | |
APPELLEE BRIEF |
| 22 | | 02/27/2006 | |
DISK - AEB |
| 23 | | 04/20/2006 | |
APPEARANCES: Robert P. Bennett, Tracy J. Peters; Mark A. Beauchene |
| 24 | | 04/20/2006 | |
ARGUED: Bennett; Beauchene |
| 25 | | 04/20/2006 | |
ORAL ARGUMENT WEBCAST |
| 26 | | 06/29/2006 | |
DISPOSITION (Vacation Ordered): DISMISSED |
| 27 | | 06/29/2006 | |
UNANIMOUS OPINION: VandeWalle, Gerald W. |
| 28 | | 07/03/2006 | |
Judgment Mailed to Parties |
| 29 | | 07/21/2006 | |
MANDATE |
| 30 | | 08/03/2006 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |