State v. Oien
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| 20050451 |
State of North Dakota, Plaintiff and Appellee
v.
Jason Wayne Oien, Defendant and Appellant
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| Appeal from: |
District Court,
East Central Judicial District,
Cass County
Judge Georgia Dawson |
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Nature of Action: |
Drugs/Contraband
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| Counsel: |
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| Term: |
04/2006 Argument: 04/20/2006 11:00am
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| ND cite: |
2006 ND 138
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| NW cite: |
717 N.W.2d 593
Listen to recording of oral argument
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| 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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| 1 | | 12/28/2005 | |
NOTICE OF APPEAL: 12/22/2005 |
| 2 | | 12/28/2005 | |
ORDER FOR TRANSCRIPT (Steven Randall): 12/27/2005 |
| 3 | | 01/05/2006 | |
TRANSCRIPTS DATED 11-9-05 & 12-22-05 (2 vols.) |
| 4 | | 01/05/2006 | |
DISK - tra (11/9/05 & 12/22/05) (e-mailed) |
| 5 | | 01/31/2006 | |
RECORD ON APPEAL not sent were Nos. 11, 13, 27, 33, 37, and 40 (tapes) |
| 6 | | 02/14/2006 | |
APPELLANT BRIEF |
| 7 | | 02/14/2006 | |
APPELLANT APPENDIX |
| 8 | | 02/21/2006 | |
Corrected TOC & pages 6, 19, 11, 12, & 13 for ATB |
| 9 | | 02/21/2006 | |
DISK - atb (e-mailed) |
| 10 | | 03/16/2006 | |
APPELLEE BRIEF |
| 11 | | 03/16/2006 | |
E-FILED BRIEF (AEB) |
| 12 | | 03/21/2006 | |
Copies of AEB made |
| 13 | | 03/22/2006 | |
Received $25 surcharge for AEB (#16801) |
| 14 | | 03/27/2006 | |
Written Notice and Consent by Tracy Peters for Renata Selzer to appear on brief under the Rule on |
| 15 | | 03/27/2006 | |
Limited Practice of Law by Law Students |
| 16 | | 04/20/2006 | |
APPEARANCES: Mark A. Beauchene; Tracy J. Peters |
| 17 | | 04/20/2006 | |
ARGUED: Beauchene; Peters |
| 18 | | 04/20/2006 | |
ORAL ARGUMENT WEBCAST |
| 19 | | 06/29/2006 | |
DISPOSITION: AFFIRMED |
| 20 | | 06/29/2006 | |
UNANIMOUS OPINION: VandeWalle, Gerald W. |
| 21 | | 07/03/2006 | |
Judgment Mailed to Parties |
| 22 | | 07/21/2006 | |
MANDATE |
| 23 | | 07/25/2006 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |