Hawes v. ND Department of Transporation

20070059 Shyla Susan Hawes, Petitioner and Appellant
v.
North Dakota Department
of Transportation, Respondent and Appellee

Appeal from: District Court, Southeast Judicial District, Richland County
Judge Richard W. Grosz
Nature of Action: Transportation Dept.
Counsel:
Appellant: Reichert Armstrong Law Office
Appellee: Andrew Moraghan , Att. General Office
Term: 10/2007   Argument: 10/09/2007  2:45pm
ND cite: 2007 ND 177
NW cite: 741 N.W.2d 202

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
Whether the district court's jury instructions on actual physical control incorrectly stated the law thereby prejudicing Defendant's substantial rights and requiring reversal?
Whether the prosecutor's inflammatory depiction of the defense counsel is obvious error?
Whether the administrative agency erred in finding Hawes in violation of N.D.C.C.  39-08-01 and suspending her driving privileges?

Appellee's Statement of the Issues:
State of North Dakota Statement of Issues:
1. The issue of a motor vehicle being operable or inoperable when on a public roadway should have no bearing under the physical control statute.
2. Calling an attorney's argument "balderdash" is neither improper, prejudicial nor inflammatory.

Department of Transportation's Statement of Issues
Whether the hearing officer's factual determinations establish, as a matter of law, that Deputy Pat Lettow had reasonable grounds to believe that Hawes was in actual physical control of a vehicle in violation of N.D.C.C.  39-08-01.

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Docket entries:
102/26/2007 NOTICE OF APPEAL: 02/23/2007
202/26/2007 ORDER FOR TRANSCRIPT: 02/23/2007
303/08/2007 DISK - TRA of Admin Testimony 9-21-06
403/14/2007 Court Recorder's Notice of Suspension of Preparation of Transcript due to nonpayment
503/14/2007 Reset due date of Appellant's Brief due to suspension of preparation of transcript
603/14/2007 ACTION BY CLERK (reset due date for ATB due to suspension of prep. of trans. for nonpayment). Granted: 04/04/2007
703/26/2007 RECORD ON APPEAL w/Separate (Entry No. 3-Adm.Transcript).
804/13/2007 MOT. EXT/TIME TRANSCRIPT
904/13/2007 ACTION BY TRIAL COURT (MTR). Granted: 05/11/2007
1005/03/2007 TRANSCRIPT DATED December 14, 2006
1105/03/2007 DISK - tra (12-14-06)
1205/04/2007 Certificate of Service of Transcript dated 5-3-07
1306/12/2007 (This case is consolidated w/20070060. Make all docket entries, except DIS & MAN, in this case)
1406/12/2007 APPELLANT BRIEF
1506/12/2007 E-FILED BRIEF (in pdf)
1606/12/2007 APPELLANT APPENDIX
1706/12/2007 E-FILED APPENDIX (in pdf)
1807/09/2007 Efiling surcharge received; receipt no. 17615
1907/11/2007 Copies of ATB received from Central Duplicating Services
2007/11/2007 Copies of ATA received from Central Duplicating Services
2107/11/2007 APPELLEE BRIEF (State of ND in 20070060)
2207/11/2007 DISK - aeb (State of ND in 20070060)
2307/12/2007 Affidavit of Service by Mail dated 7-11-07 of AEB State of ND on Mr. Reichert in 20070060
2407/12/2007 APPELLEE BRIEF (DOT)
2507/12/2007 Affidavit of Mailing dated 7-12-07 of DOT's AEB on Mr. Reichert
2607/12/2007 DISK - aeb (DOT) (e-mailed)
2707/26/2007 REPLY BRIEF (e-filed)
2807/26/2007 E-FILED BRIEF (RYB)
2908/03/2007 Received 7 copies of RYB from Central Duplicating.
3010/09/2007 APPEARANCES: Alanxander F. Reichert; Andrew Moraghan & Michael Pitcher, Asst. Attorneys General
3110/09/2007 ARGUED: Reichert; Moraghan
3210/09/2007 ORAL ARGUMENT WEBCAST
3311/14/2007 DISPOSITION: AFFIRMED
3411/14/2007 UNANIMOUS OPINION: VandeWalle, Gerald W.
3511/14/2007 Costs on appeal taxed in favor of Department of Transportation
3611/15/2007 Judgment emailed to Parties
3712/07/2007 MANDATE
3812/11/2007 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 09/18/2014