State v. Hurt

20070081 State of North Dakota, Plaintiff and Appellee
v.
Brian Shawn Hurt, Defendant and Appellant

Appeal from: District Court, East Central Judicial District, Cass County
Judge Douglas R. Herman
Nature of Action: Drugs/Contraband
Counsel:
Appellant: Aaland Law Office
Appellee: Reid Alan Brady , Asst. State's Attorney
Term: 10/2007   Argument: 10/29/2007  10:10am
ND cite: 2007 ND 192
NW cite: 743 N.W.2d 102

Listen to recording of oral argument in MP3 format

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.

Add Docket 20070081 RSS Add Docket 20070081 RSS

Docket entries:
103/23/2007 NOTICE OF APPEAL: 03/20/2007
203/23/2007 ORDER FOR TRANSCRIPT (Stacy Brekke, Court Recorder - per tr. ct): 03/20/2007
303/26/2007 TRANSCRIPT DATED September 13, 2006
403/26/2007 DISK of tra dtd 9-13-06
503/28/2007 Certificate of Service for tra dtd 9-13-06
604/18/2007 RECORD ON APPEAL w/Separate (Entry No. 66). Not rec'd-Entry Nos. 13,17,23,37,41,&58
705/03/2007 MOT. EXT/TIME APPELLANT BRIEF
805/03/2007 E-FILED MOTION (MAT)
905/04/2007 ACTION BY CLERK (MAT). Granted: 06/04/2007
1006/06/2007 Received $25 surcharge for ATB (Receipt 17568)
1106/04/2007 APPELLANT BRIEF
1206/04/2007 E-FILED BRIEF - ATB
1306/04/2007 APPELLANT APPENDIX
1406/04/2007 E-FILED APPENDIX (ATA)
1506/08/2007 Received 7 copies of ATB from Central Duplicating.
1606/08/2007 Received 6 copies of ATA from Central Duplicating.
1706/29/2007 APPELLEE BRIEF (e-filed)
1806/29/2007 E-FILED BRIEF (AEB)
1906/29/2007 APPELLEE APPENDIX
2007/02/2007 Affidavit of Service of AEA
2107/02/2007 Received $25 surcharge for AEB (Receipt #17611)
2207/06/2007 Received 7 copies of AEB from Central Duplicating
2307/09/2007 REPLY BRIEF (e-filed)
2407/09/2007 E-FILED BRIEF (RYB)
2507/16/2007 Received 7 copies of RYB from Central Duplicating.
2610/29/2007 APPEARANCES: Jesse N. Lange; Reid A. Brady
2710/29/2007 ARGUED: Lange; Brady
2812/13/2007 DISPOSITION: AFFIRMED
2912/13/2007 UNANIMOUS OPINION: Kapsner, Carol Ronning
3012/14/2007 Judgment e-mailed to Parties
3101/07/2008 MANDATE
3201/10/2008 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 10/24/2014