State v. Scholes
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| 20070316 |
State of North Dakota, Plaintiff and Appellee
v.
Michael Scholes, Sr. Defendant and Appellant
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| Appeal from: |
District Court,
South Central Judicial District,
Grant County
Judge Thomas J. Schneider |
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Nature of Action: |
Sexual Offense
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| Counsel: |
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| Term: |
04/2008 Argument: 04/15/2008 09:30am
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| ND cite: |
2008 ND 146
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| NW cite: |
753 N.W.2d 377
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| Issues: |
Appellant's Statement of the Issues:
I. Whether the trial court erred in denying Defendant's motion to suppress evidence based upon the insufficiency of the affidavit in support of the application for the search warrant?
II. Whether the trial court erred in determining that Scholes failed to demonstrate there were omissions of fact which would have been material to the issuing magistrate's determination of probable cause.
Appellee's Statement of the Issues:
I. Whether there was probable cause for Judge Reich to issue the search warrant?
II. Whether substantial compliance with Rule 41, N.D.Rules of Criminal Procedure, was sufficient to uphold the search warrant?
III. Whether facts material to the issuing magistrate's determination were omitted?
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| 1 | | 10/29/2007 | |
NOTICE OF APPEAL: 10/26/2007 |
| 2 | | 10/29/2007 | |
ORDER FOR TRANSCRIPT (sentencing hearing): 10/26/2007 |
| 3 | | 10/31/2007 | |
Jessica J. Ahrendt is appointed attorney for appellant Michael Scholes replacing Kent M. Morrow |
| 4 | | 11/15/2007 | |
Supplemental Order for Preparation of Transcript (suppression hearing) |
| 5 | | 12/17/2007 | |
TRANSCRIPTS DATED APRIL 9, 2007 & OCTOBER 23, 2007 |
| 6 | | 12/18/2007 | |
DISK-TRA (4/9/07 & 10/23/07) |
| 7 | | 12/18/2007 | |
CERTIFICATE OF SERVICE OF COPIES OF TRANSCRIPTS |
| 8 | | 12/19/2007 | |
RECORD ON APPEAL |
| 9 | | 01/21/2008 | |
APPELLANT BRIEF (E-filed) |
| 10 | | 01/21/2008 | |
E-FILED BRIEF (ATB) |
| 11 | | 01/21/2008 | |
APPELLANT APPENDIX (E-filed) |
| 12 | | 01/21/2008 | |
E-FILED APPENDIX (ATA) |
| 13 | | 01/22/2008 | |
Certificate of Service of ATB & ATA on opposing counsel (e-filed) |
| 14 | | 01/22/2008 | |
Received $25 surcharge for ATB (Receipt #17991) |
| 15 | | 01/24/2008 | |
Received 6 copies of ATA from Central Duplicating Services |
| 16 | | 01/30/2008 | |
Received 7 copies of ATB from Central Duplicating |
| 17 | | 02/25/2008 | |
MOT. EXT/TIME APPELLEE BRIEF (Sua Sponte) |
| 18 | | 02/25/2008 | |
ACTION BY CLERK (MAE - Sua Sponte). Granted: 02/23/2008 |
| 19 | | 02/23/2008 | |
APPELLEE BRIEF |
| 20 | | 02/23/2008 | |
E-FILED BRIEF - AEB |
| 21 | | 02/25/2008 | |
Received $25 surcharge for AEB (18026) |
| 22 | | 02/26/2008 | |
Received 7 copies of AEB from Central Duplicating |
| 23 | | 04/15/2008 | |
APPEARANCES: Jessica J. Ahrendt; James M. Vukelic |
| 24 | | 04/15/2008 | |
ARGUED: Ahrendt; Vukelic |
| 25 | | 04/15/2008 | |
ORAL ARGUMENT WEBCAST |
| 26 | | 05/23/2008 | |
MOTION FOR WITHDRAWAL AND SUBSTITUTION OF COUNSEL W/Brief in Support filed by Jessica J. Aherndt |
| 27 | | 05/23/2008 | |
ACTION BY CLERK - Ms. Ahrendt's Motion to Withdraw is granted and Mark Blumer is substituted as. Granted: 05/23/2008 |
| 28 | | 05/23/2008 | |
counsel for the Appellant |
| 29 | | 07/21/2008 | |
DISPOSITION: AFFIRMED |
| 30 | | 07/21/2008 | |
UNANIMOUS OPINION: Crothers, Daniel John |
| 31 | | 07/21/2008 | |
Judgment E-Mailed to Parties |
| 32 | | 08/12/2008 | |
MANDATE |
| 33 | | 08/14/2008 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |