State v. Hurt
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| 20070081 |
State of North Dakota, Plaintiff and Appellee
v.
Brian Shawn Hurt, Defendant and Appellant
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| Appeal from: |
District Court,
East Central Judicial District,
Cass County
Judge Douglas R. Herman |
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Nature of Action: |
Drugs/Contraband
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| Counsel: |
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| Term: |
10/2007 Argument: 10/29/2007 10:10am
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| ND cite: |
2007 ND 192
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| NW cite: |
743 N.W.2d 102
Listen to recording of oral argument
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| Issues: |
Appellant's Statement of the Issues:
1. Whether the district court erroneously denied Mr. Hurt's motion to suppress where officers entered Mr. Hurt's home without a warrant, probable cause, exigent circumstances, or consent; where the only proffered justification for the entering Mr.
Hurt's home was that his roommate was subject to search as a condition of her probation; and where there was no evidence that Mr. Hurt was aware of his roommate's probation much less its particular conditions?
Appellee's Statement of the Issues:
Whether the probation officers' entry into the common areas of the apartment shared by the Defendant and the probationer was a reasonable probation search.
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| 1 | | 03/23/2007 | |
NOTICE OF APPEAL: 03/20/2007 |
| 2 | | 03/23/2007 | |
ORDER FOR TRANSCRIPT (Stacy Brekke, Court Recorder - per tr. ct): 03/20/2007 |
| 3 | | 03/26/2007 | |
TRANSCRIPT DATED September 13, 2006 |
| 4 | | 03/26/2007 | |
DISK of tra dtd 9-13-06 |
| 5 | | 03/28/2007 | |
Certificate of Service for tra dtd 9-13-06 |
| 6 | | 04/18/2007 | |
RECORD ON APPEAL w/Separate (Entry No. 66). Not rec'd-Entry Nos. 13,17,23,37,41,&58 |
| 7 | | 05/03/2007 | |
MOT. EXT/TIME APPELLANT BRIEF |
| 8 | | 05/03/2007 | |
E-FILED MOTION (MAT) |
| 9 | | 05/04/2007 | |
ACTION BY CLERK (MAT). Granted: 06/04/2007 |
| 10 | | 06/06/2007 | |
Received $25 surcharge for ATB (Receipt 17568) |
| 11 | | 06/04/2007 | |
APPELLANT BRIEF |
| 12 | | 06/04/2007 | |
E-FILED BRIEF - ATB |
| 13 | | 06/04/2007 | |
APPELLANT APPENDIX |
| 14 | | 06/04/2007 | |
E-FILED APPENDIX (ATA) |
| 15 | | 06/08/2007 | |
Received 7 copies of ATB from Central Duplicating. |
| 16 | | 06/08/2007 | |
Received 6 copies of ATA from Central Duplicating. |
| 17 | | 06/29/2007 | |
APPELLEE BRIEF (e-filed) |
| 18 | | 06/29/2007 | |
E-FILED BRIEF (AEB) |
| 19 | | 06/29/2007 | |
APPELLEE APPENDIX |
| 20 | | 07/02/2007 | |
Affidavit of Service of AEA |
| 21 | | 07/02/2007 | |
Received $25 surcharge for AEB (Receipt #17611) |
| 22 | | 07/06/2007 | |
Received 7 copies of AEB from Central Duplicating |
| 23 | | 07/09/2007 | |
REPLY BRIEF (e-filed) |
| 24 | | 07/09/2007 | |
E-FILED BRIEF (RYB) |
| 25 | | 07/16/2007 | |
Received 7 copies of RYB from Central Duplicating. |
| 26 | | 10/29/2007 | |
APPEARANCES: Jesse N. Lange; Reid A. Brady |
| 27 | | 10/29/2007 | |
ARGUED: Lange; Brady |
| 28 | | 12/13/2007 | |
DISPOSITION: AFFIRMED |
| 29 | | 12/13/2007 | |
UNANIMOUS OPINION: Kapsner, Carol Ronning |
| 30 | | 12/14/2007 | |
Judgment e-mailed to Parties |
| 31 | | 01/07/2008 | |
MANDATE |
| 32 | | 01/10/2008 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |