State v. Brossart
|
| 20060242 |
State of North Dakota, Plaintiff and Appellee
v.
Rodney Brossart, Defendant and Appellant
|
| Appeal from: |
District Court,
Northeast Central Judicial District,
Nelson County
Judge Karen Kosanda Braaten |
|
Nature of Action: |
Misc. Statutory Off. (Misdemeanor)
|
| Counsel: |
|
| Term: |
02/2007 Argument: 02/02/2007 10:45am
|
| ND cite: |
2007 ND 39
|
| NW cite: |
729 N.W.2d 137
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
|
|
|
| Issues: |
Appellant's Statement of the Issues:
1. Issue One: Did Brossart's actions of yelling and disagreeing with the police create a substantial risk of bodily injury to the public servant or require substantial force to overcome, such that it rose to the level necessary to become preventing
arrest?
2. Issue Two: If the court finds that the police did use substantial force upon Brossart, did Brossart have the right to resist an unlawful arrest where the police used unreasonable force to subdue him?
Appellee's Statement of the Issues:
I. Whether Brossart's actions rose to the level necessary to become preventing arrest or discharge of duties.
II. If the court finds that the police did use substantial force upon Brossart, did Brossart have the right to resist an unlawful arrest where the police used unreasonable force to subdue him?.
|
|
 Add Docket 20060242 RSS
|
| 1 | | 09/13/2006 | |
NOTICE OF APPEAL: 09/08/2006 |
| 2 | | 09/13/2006 | |
ORDER FOR TRANSCRIPT: 09/08/2006 |
| 3 | | 09/22/2006 | |
RETENTION OF RECORD ON APPEAL: 10/28/2006 |
| 4 | | 10/18/2006 | |
TRANSCRIPT DATED August 14, 2006 |
| 5 | | 10/19/2006 | |
DISK - tra (8-14-06) |
| 6 | | 10/24/2006 | |
RECORD ON APPEAL & SEPARATES (ENTRY NOS. 12 & 13)
|
| 7 | | 11/27/2006 | |
APPELLANT BRIEF |
| 8 | | 11/27/2006 | |
E-FILED BRIEF (ATB) |
| 9 | | 11/28/2006 | |
APPELLANT APPENDIX |
| 10 | | 11/29/2006 | |
Received $25 surcharge for ATB (Receipt #17188) |
| 11 | | 11/29/2006 | |
Made 7 copies of ATB |
| 12 | | 12/26/2006 | |
APPELLEE BRIEF |
| 13 | | 12/27/2006 | |
DISK - aeb |
| 14 | | 01/03/2007 | |
MOT. EXT/TIME REPLY BRIEF (faxed letter from Neil W. Fleming dated 1-3-07) |
| 15 | | 01/03/2007 | |
E-FILED MOTION (MRY) |
| 16 | | 01/03/2007 | |
ACTION BY CLERK (Mot/Ext/Reply Brief). Granted: 01/22/2007 |
| 17 | | 01/22/2007 | |
REPLY BRIEF (e-filed) |
| 18 | | 01/22/2007 | |
E-FILED BRIEF (RYB) |
| 19 | | 01/23/2007 | |
Supplemental Appellant's Appendix (faxed) |
| 20 | | 01/23/2007 | |
E-FILED APPENDIX (Supplemental Appendix of Appellant) |
| 21 | | 01/24/2007 | |
Made 7 copies of RYB and 6 copies of Supplemental Appendix |
| 22 | | 02/02/2007 | |
APPEARANCES: Neil W. Fleming; Steven J. Simonson |
| 23 | | 02/02/2007 | |
ARGUED: Fleming; Simonson |
| 24 | | 02/02/2007 | |
ORAL ARGUMENT WEBCAST |
| 25 | | 03/22/2007 | |
DISPOSITION: AFFIRMED |
| 26 | | 03/22/2007 | |
UNANIMOUS OPINION: Crothers, Daniel John |
| 27 | | 03/23/2007 | |
Order/Judgment Mailed to Parties |
| 28 | | 04/18/2007 | |
MANDATE |
| 29 | | 04/20/2007 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |