State v. Herbel
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| 20070344 |
State of North Dakota, Plaintiff and Appellee
v.
Bobi Jo Herbel, Defendant and Appellant
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| Appeal from: |
District Court,
South Central Judicial District,
Burleigh County
Judge Robert O. Wefald |
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Nature of Action: |
Drugs/Contraband
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| Counsel: |
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| Term: |
03/2008 Argument: 03/24/2008 09:30am
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| ND cite: |
2008 ND 63
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| NW cite: |
756 N.W.2d 344
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| Issues: |
Appellant's Statement of the Issues:
I. Law enforcement did not have a reasonable and articulable suspicion that Ms. Herbel was the driver of the van in this matter or that she violated any law or was about to violate any law and, therefore, unjustifiably stopped the van driven by Ms.
Herbel, and registered to someone else, on a mere "hunch" of illegal activity
Appellee's Statement of the Issues:
I. Whether law enforcement had a reasonable and articulable suspicion to stop the Defendant's motor vehicle.
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| 1 | | 11/27/2007 | |
NOTICE OF APPEAL: 11/21/2007 |
| 2 | | 11/27/2007 | |
ORDER FOR TRANSCRIPT: 11/21/2007 |
| 3 | | 11/27/2007 | |
TRANSCRIPT DATED May 31, 2007 (original is part of the record) |
| 4 | | 11/27/2007 | |
DISK - TRA of 5-31-07 |
| 5 | | 12/21/2007 | |
RECORD ON APPEAL including separate transcript dated May 31, 2007 |
| 6 | | 01/07/2008 | |
APPELLANT BRIEF (e-filed) |
| 7 | | 01/07/2008 | |
E-FILED BRIEF (ATB) |
| 8 | | 01/07/2008 | |
APPELLANT APPENDIX (E-FILED) |
| 9 | | 01/07/2008 | |
E-FILED APPENDIX (ata) |
| 10 | | 01/07/2008 | |
Certificate of Service of ATB on opposing counsel |
| 11 | | 01/07/2008 | |
Received $25 surcharge for e-filed ATB (Receipt No. 17973) |
| 12 | | 01/14/2008 | |
Received 7 copies of ATB from Central Duplicating |
| 13 | | 01/14/2008 | |
Received 6 copies of ATA from Central Duplicating |
| 14 | | 02/06/2008 | |
APPELLEE BRIEF |
| 15 | | 02/06/2008 | |
Affidavit of Service of AEB on opposing counsel |
| 16 | | 02/08/2008 | |
Corrected TOA, pages, & disk for AEB w/Aff. of Svc. |
| 17 | | 02/08/2008 | |
DISK-AEB |
| 18 | | 02/25/2008 | |
REPLY BRIEF of Appellant (E-filed) (PDF) |
| 19 | | 02/25/2008 | |
E-FILED BRIEF (RYB) (PDF) |
| 20 | | 03/03/2008 | |
Received copies of RYB from Central Duplicating |
| 21 | | 03/24/2008 | |
APPEARANCES: Justin D. Roness; Brandi Sasse Russell |
| 22 | | 03/24/2008 | |
ARGUED: Roness; Russell |
| 23 | | 03/24/2008 | |
ORAL ARGUMENT WEBCAST |
| 24 | | 04/17/2008 | |
DISPOSITION: AFFIRMED BY SUMMARY DISP. |
| 25 | | 04/17/2008 | |
UNANIMOUS OPINION: Per Curiam |
| 26 | | 04/18/2008 | |
Judgment e-mailed to Parties |
| 27 | | 05/09/2008 | |
MANDATE |
| 28 | | 05/15/2008 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |