State v. Demars
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| 20070015 |
State of North Dakota, Plaintiff and Appellee
v.
Douglas Alexander Demars, Defendant and Appellant
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| Appeal from: |
District Court,
East Central Judicial District,
Cass County
Judge Steven E. McCullough |
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Nature of Action: |
Dui/Dus
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| Counsel: |
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| Term: |
06/2007 Argument: 06/04/2007 10:45am
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| ND cite: |
2007 ND 145
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| NW cite: |
738 N.W.2d 486
Listen to recording of oral argument
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| Issues: |
Appellant's Statement of the Issues:
I. Whether the trial court improperly took judicial notice of the specific endpoint of the buffer zone, which constitutes the 1.5 mile extraterritorial jurisdiction of the city of West Fargo's police department.
II. Whether the trial court improperly denied motion to suppress and dismiss by considering facts not in evidence to determine the defendant driver commited a traffic violation within the jurisdiction of the officer.
Appellee's Statement of the Issues:
I. Whether the District Court properly denied the Defendant's Motion to Suppress by finding that the Defendant committed a traffic violation within the jurisdiction of the Officer who stopped the Defendant.
II. Whether the District Court improperly took judicial notice of the one and a half mile limit to reach its decision to deny the Defendant's Motion to Suppress.
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| 1 | | 01/15/2007 | |
NOTICE OF APPEAL: 01/12/2007 |
| 2 | | 01/15/2007 | |
ORDER FOR TRANSCRIPT: 01/12/2007 |
| 3 | | 02/12/2007 | |
RECORD ON APPEAL |
| 4 | | 02/22/2007 | |
TRANSCRIPTS DATED July 11, 2006, November 28, 2006, January 8, 2007 |
| 5 | | 02/22/2007 | |
DISK - TRAs of 7-11-06, 11-28-06 & 01-08-07 (e-mailed) |
| 6 | | 04/03/2007 | |
APPELLANT BRIEF |
| 7 | | 04/03/2007 | |
E-FILED BRIEF - ATB |
| 8 | | 04/03/2007 | |
APPELLANT APPENDIX |
| 9 | | 04/03/2007 | |
E-FILED APPENDIX (ATA) |
| 10 | | 04/09/2007 | |
Received $25 Surcharge for ATB (#17344) |
| 11 | | 04/11/2007 | |
Received 7 copies of ATB from Central Duplicating |
| 12 | | 04/11/2007 | |
Received 6 copies of ATA from Central Duplicating |
| 13 | | 05/03/2007 | |
APPELLEE BRIEF |
| 14 | | 05/03/2007 | |
E-FILED BRIEF (AEB) |
| 15 | | 05/10/2007 | |
Received efiling surcharge for AEB; receipt no. 17381 |
| 16 | | 05/03/2007 | |
Received 7 copies of AEB from Central Duplicating |
| 17 | | 06/04/2007 | |
APPEARANCES: Lorelle A. Moeckel, Steven M. Light; Kimberlee Jo Hegvik |
| 18 | | 06/04/2007 | |
ARGUED: Moeckel; Hegvik |
| 19 | | 06/04/2007 | |
ORAL ARGUMENT WEBCAST |
| 20 | | 08/30/2007 | |
DISPOSITION: REVERSED AND REMANDED |
| 21 | | 08/30/2007 | |
SPLIT OPINION: Kapsner, Carol Ronning |
| 22 | | 08/30/2007 | |
(DISSENT): VandeWalle, Gerald W.: DISSENT |
| 23 | | 08/30/2007 | |
(JOINED IN THE DISSENT): Sandstrom, Dale V.: JN/DIS |
| 24 | | 08/30/2007 | |
Judgment E-Mailed to Parties |
| 25 | | 09/24/2007 | |
MANDATE |
| 26 | | 09/27/2007 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |