State v. Oien

20050451 State of North Dakota, Plaintiff and Appellee
v.
Jason Wayne Oien, Defendant and Appellant

Appeal from: District Court, East Central Judicial District, Cass County
Judge Georgia Dawson
Nature of Action: Drugs/Contraband
Counsel:
Appellant: Mark Anthony Beauchene
Appellee: Tracy Jo Peters , Asst. State's Attorney
Term: 04/2006   Argument: 04/20/2006  11:00am
ND cite: 2006 ND 138
NW cite: 717 N.W.2d 593

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
I. Whether the trial Court erred in concluding that the Defendant did not have standing to seek suppression of evidence alleged to have been seized in violation of his constitutional rights.
II. Whether the Court erred in denying Defendant's Motion to Suppress grounded upon a warrantless entry into the home of Sarah Jones.

Appellee's Statement of the Issues:
1.The District Court correctly concluded the Defendant did not have standing to challenge the entry into the apartment because he was a trespasser.
2.The District Court correctly denied the Defendant's motion to suppress because no "search" occurred within the meaning of the Fourth Amendment and even if the entry was unlawful, Jones' consent dissipated the taint.

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Docket entries:
112/28/2005 NOTICE OF APPEAL: 12/22/2005
212/28/2005 ORDER FOR TRANSCRIPT (Steven Randall): 12/27/2005
301/05/2006 TRANSCRIPTS DATED 11-9-05 & 12-22-05 (2 vols.)
401/05/2006 DISK - tra (11/9/05 & 12/22/05) (e-mailed)
501/31/2006 RECORD ON APPEAL not sent were Nos. 11, 13, 27, 33, 37, and 40 (tapes)
602/14/2006 APPELLANT BRIEF
702/14/2006 APPELLANT APPENDIX
802/21/2006 Corrected TOC & pages 6, 19, 11, 12, & 13 for ATB
902/21/2006 DISK - atb (e-mailed)
1003/16/2006 APPELLEE BRIEF
1103/16/2006 E-FILED BRIEF (AEB)
1203/21/2006 Copies of AEB made
1303/22/2006 Received $25 surcharge for AEB (#16801)
1403/27/2006 Written Notice and Consent by Tracy Peters for Renata Selzer to appear on brief under the Rule on
1503/27/2006 Limited Practice of Law by Law Students
1604/20/2006 APPEARANCES: Mark A. Beauchene; Tracy J. Peters
1704/20/2006 ARGUED: Beauchene; Peters
1804/20/2006 ORAL ARGUMENT WEBCAST
1906/29/2006 DISPOSITION: AFFIRMED
2006/29/2006 UNANIMOUS OPINION: VandeWalle, Gerald W.
2107/03/2006 Judgment Mailed to Parties
2207/21/2006 MANDATE
2307/25/2006 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 11/21/2014