State v. Woinarowicz

20060032 State of North Dakota, Plaintiff and Appellee
v.
Jami Erin Woinarowicz, Defendant and Appellant

Appeal from: District Court, East Central Judicial District, Cass County
Judge Georgia Dawson
Nature of Action: Drugs/Contraband
Counsel:
Appellant: Robin L. Olson
Appellee: Tracy Jo Peters , Asst. State's Attorney
Term: 06/2006   Argument: 06/08/2006  2:45pm
ND cite: 2006 ND 179
NW cite: 720 N.W.2d 635

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Issues: Appellant's Statement of the Issues:
I.Defendant was denied the right to confront the hearsay testimony.
II.Officers lacked consent to enter motel room.,br> III.The court erroneously found there was probable cause to arrest Defendant for constructive possession.
IV. Defendant was seized without probable cause.
V. Officer Stranger illegally searched Defendant's purse.

Appellee's Statement of the Issues:
I. The testimony presented at the suppression hearing did not violate Crawford v. Washington.
II. Officer's obtained consent to enter the motel room.
III. The District Court correctly found there was probable cause to arrest the Defendant.
IV. The officer had probable cause to detain the Defendant.
V. The search of the Defendant's purse was a valid search incident to arrest.

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Docket entries:
102/02/2006 NOTICE OF APPEAL: 01/23/2006
202/02/2006 ORDER FOR TRANSCRIPT: 01/23/2006
302/09/2006 TRANSCRIPT DATED October 12, 2005
402/10/2006 DISK OF tra dtd 10-12-05
502/10/2006 TRANSCRIPT DATED 1-23-06
602/13/2006 DISK tra (1-23-06) (e-mailed)
702/23/2006 RECORD ON APPEAL (not rec'd -- 17, 37, 42 & 43 (tapes))
803/08/2006 APPELLANT BRIEF
903/08/2006 APPELLANT APPENDIX
1003/09/2006 DISK - atb (e-mailed)
1104/06/2006 MOT. EXT/TIME APPELLEE BRIEF & Affidavit in Support(Faxed)
1204/06/2006 E-FILED MOTION (MAE)
1304/06/2006 ACTION BY CLERK (w/understanding case will be argued in June). Granted: 05/05/2006
1405/04/2006 APPELLEE BRIEF (e-filed)
1505/04/2006 E-FILED BRIEF - AEB
1605/04/2006 Made copies of AEB
1705/10/2006 Received $25 Surcharge for AEB (Receipt 16863)
1805/17/2006 REPLY BRIEF
1905/23/2006 Table of Contents and corrected page 4 for RYB
2005/23/2006 DISK (e-mailed) corrected RYB
2106/08/2006 APPEARANCES: Robin L. Olson; Tracy J. Peters
2206/08/2006 ARGUED: Olson; Peters
2306/08/2006 ORAL ARGUMENT WEBCAST
2408/16/2006 DISPOSITION: AFFIRMED
2508/16/2006 SPLIT OPINION: Maring, Mary Muehlen
2608/16/2006 (CONCURRING SPECIALLY): Sandstrom, Dale V.: CONCUR
2708/16/2006 (JOINS IN CONCURRING SPECIALLY): VandeWalle, Gerald W.: JN/CON
2808/18/2006 Judgment Mailed to Parties
2909/11/2006 MANDATE
3009/14/2006 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 07/28/2014