City of Devils Lake v. Grove

20070292 City of Devils Lake, Plaintiff and Appellant
v.
David Grove, Defendant and Appellee

Appeal from: District Court, Northeast Judicial District, Ramsey County
Judge Lee A. Christofferson
Nature of Action: Dui/Dus
Counsel:
Appellant: Daniel Mack Traynor , City Prosecutor
Appellee: Reichert Armstrong Law Office
Appellant: Michael Patrick Hurly , City Prosecutor
Term: 04/2008   Argument: 04/21/2008  1:30pm
ND cite: 2008 ND 155
NW cite: 755 N.W.2d 485

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
I. Whether the district court erred in concluding a "de facto" arrest occurred, where the court failed to properly apply the reasonable person standard and did not examine the totality of circumstances by failing to consider that the weather was dangerously cold, Grove commented on how cold it was, he was not properly attired for winter weather, he was not handcuffed, Grove was told he was not under arrest and he provided no evidence to indicate he felt he was under arrest.
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Docket entries:
110/04/2007 NOTICE OF APPEAL: 10/03/2007
210/04/2007 ORDER FOR TRANSCRIPT: 10/08/2007
310/11/2007 TRANSCRIPT DATED May 25, 2007
410/11/2007 DISK - tra (5-25-07) (E-mailed)
510/12/2007 Affidavit of Service of the Transcript on counsel
611/06/2007 RECORD ON APPEAL including separate exhibit
711/09/2007 MOT. EXT/TIME APPELLANT BRIEF & AFFIDAVIT IN SUPPORT (e-filed)
811/09/2007 E-FILED MOTION (MAT)
911/09/2007 ACTION BY CHIEF DEPUTY CLERK (MAT). Granted: 12/20/2007
1012/20/2007 APPELLANT BRIEF
1112/20/2007 Addendum to ATB
1212/20/2007 APPELLANT APPENDIX
1312/20/2007 DISK - atb (e-mailed)
1412/21/2007 Certificate of Service by Mail of the ATB & ATA on opposing counsel
1501/15/2008 MOT. EXT/TIME APPELLEE BRIEF & Affidavit in Support
1601/15/2008 ACTION BY CLERK. Granted: 02/19/2008
1702/19/2008 APPELLEE BRIEF
1802/19/2008 E-FILED BRIEF (AEB)
1902/22/2008 Received $25 surcharge for AEB (Receipt 18024)
2002/26/2008 7 cc of AEB received from Central Duplicating
2104/21/2008 APPEARANCES: Michael P. Hurly, Daniel M. Traynor; Jay D. Knudson
2204/21/2008 ARGUED: Hurly; Knudson
2308/28/2008 DISPOSITION: AFFIRMED
2408/28/2008 UNANIMOUS OPINION: Maring, Mary Muehlen
2508/29/2008 Judgment Mailed to Parties
2609/23/2008 MANDATE
2709/29/2008 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 10/02/2014