State v. Jager

20070080 State of North Dakota, Plaintiff and Appellee
v.
Andrew Thomas Jager, Defendant and Appellant
Appeal from: District Court, Southeast Judicial District, Stutsman County
Judge Mikal Simonson
Nature of Action: Drugs/Contraband
Counsel:
Appellant: Scott Richard Sandness
Appellee: Jay Anthony Schmitz , Asst. State's Attorney
Term: 10/2007   Argument: 10/08/2007  11:00am
ND cite: 2007 ND 152
NW cite: 742 N.W.2d 839

Issues: Appellant's Statement of the Issues:
I. Appellant has right of appeal to the Supreme Court.
II. Standard of review of a trial court's disposition on a motion in limine.
III. The district court abused its discretion by allowing the testimony indicated in its February 2, 2006 order.

Appellee's Statement of the Issues:
1. Whether the District Court abused its discretion in ruling that the evidence discovered during the search of the juvenile R.T. at the defendant's motel room was relevant and admissible at the defendant's trial for possession of drug paraphernalia because the State had shown a sufficient nexus between that evidence and the defendant?

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Docket entries:
103/22/2007 NOTICE OF APPEAL: 03/16/2007
203/22/2007 ORDER FOR TRANSCRIPT: 03/16/2007
303/22/2007 Scott R. Sandness has been appointed as counsel for Appellant Andrew Jager
404/16/2007 TRANSCRIPTS DATED May 11, 2005, December 9, 2005 and February 13, 2007
504/16/2007 DISK - TRAs of 12-9-05 & 2-13-07 & 5-11-05(electronic copy of 5-11-05 from case no. 20050325)
604/19/2007 RECORD ON APPEAL. Not included were State's Exhibits (Entry Nos. 37 & 38).
704/20/2007 Clerk's Supplemental Certificate of Record dated April 18, 2007 (Entry No. 53).
805/08/2007 Supplemental Clerk's Certificate dated 5-7-07 (Entry No. 54)
905/21/2007 MOT. EXT/TIME APPELLANT BRIEF & Appendix
1005/21/2007 ACTION BY CLERK (MAT). Granted: 06/19/2007
1106/19/2007 APPELLANT BRIEF
1206/19/2007 APPELLANT APPENDIX
1306/19/2007 DISK - ATB (e-mailed)
1407/10/2007 APPELLEE BRIEF (e-filed)
1507/10/2007 E-FILED BRIEF (AEB)
1607/10/2007 Affidavit of Service by Electronic Mail dated 7-10-07 of AEB on Scott Sandness
1707/13/2007 Received $25 surcharge for AEB (Receipt #17619)
1807/17/2007 Received 7 copies of AEB from Central Duplicating.
1910/03/2007 Motion to waive oral argument on behalf of the Appellant
2010/03/2007 ACTION BY SUPREME COURT (Motion to waive oral argument on behalf of the Appellant). Granted
2110/08/2007 APPEARANCES: waived by AT under NDRAppP 34(f); submitted on brief by State due to nonappearance
2210/08/2007 ARGUED: waived by AT under NDRAppP 34(f); submitted on brief by State due to nonappearance
2310/16/2007 DISPOSITION: AFFIRMED BY SUMMARY DISP.
2410/16/2007 UNANIMOUS OPINION: Per Curiam
2510/17/2007 Judgment e-mailed to Parties
2611/16/2007 MANDATE
2711/23/2007 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 12/01/2008