State v. Gay

20070348 State of North Dakota, Plaintiff and Appellant
v.
David Gay, Defendant and Appellee

Appeal from: District Court, Northwest Judicial District, Williams County
Judge Gerald H. Rustad
Nature of Action: Drugs/Contraband
Counsel:
Appellant: Nicole Ellan Foster , State's Attorney
Appellee: Faron Eugene Terry
Term: 03/2008   Argument: 03/04/2008  10:45am
ND cite: 2008 ND 84
NW cite: 748 N.W.2d 408

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
Whether the District Court erred in its ruling at the Suppression Hearing that reasonable and articulable suspicion did not exist to support the seizure of the Defendant.

Appellee's Statement of the Issues:
1.The prosecution has not properly preserved its right to appeal from the order of suppression.
2.The District Court did not error in its ruling that there was not reasonable and articulable suspicion for the seizure of Mr. Gay and that the seizure was not reasonable under the fourth (4th) amendment to the United States Constitution.

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Docket entries:
111/29/2007 NOTICE OF APPEAL: 11/02/2007
211/29/2007 ORDER FOR TRANSCRIPT: 11/02/2007
311/28/2007 TRANSCRIPT DATED November 1, 2007
411/29/2007 DISK - TRA November 1, 2007
512/12/2007 RECORD ON APPEAL. Not included was Entry No. 39 (Clerical Error).
612/20/2007 Received $25 surcharge for ATB (Receipt 17963)
712/20/2007 APPELLANT BRIEF
812/20/2007 E-FILED BRIEF - ATB
912/20/2007 APPELLANT APPENDIX
1012/28/2007 Received 7 copies of ATB from Central Duplicating.
1101/16/2008 MOT. EXT/TIME APPELLEE BRIEF (faxed)
1201/16/2008 E-FILED MOTION (Mot/Ext/AEB) (Faxed)
1301/18/2008 ACTION BY CLERK (Mot/Ext/AEB). Granted: 02/05/2008
1401/22/2008 Received written confirmation Mr. Terry will continue to represent appellee.
1501/31/2008 APPELLEE BRIEF
1602/05/2008 Corrected TOA & P. 7 for AEB
1702/05/2008 DISK - aeb (E-mailed)
1803/04/2008 APPEARANCES: Nicole E. Foster; Faron E. Terry
1903/04/2008 ARGUED: Foster; Terry
2003/04/2008 ORAL ARGUMENT WEBCAST
2105/15/2008 DISPOSITION: AFFIRMED
2205/15/2008 SPLIT OPINION: Kapsner, Carol Ronning
2305/15/2008 (DISSENT): Sandstrom, Dale V.: DISSENT
2405/15/2008 (JOINED IN THE DISSENT): Maring, Mary Muehlen: JN/DIS
2505/16/2008 Judgment e-mailed to Parties
2605/19/2008 Mot. Ext/Time Petition for Rehearing (faxed)
2705/19/2008 E-FILED MOTION (Mot/Ext/Pet/Rehearing) (faxed)
2805/19/2008 ACTION BY CLERK (Mot/Ext/Pet/Rehearing). Granted: 06/13/2008
2906/12/2008 PETITION FOR REHEARING (e-filed)
3006/12/2008 E-FILED BRIEF (PER)
3106/12/2008 Affidavit of Service of Petition for Rehearing
3206/18/2008 Received copies of Petition for Rehearing from Central Duplicating Services
3306/25/2008 ACTION BY SUPREME COURT (Pet/Rehearing). Denied
3407/09/2008 MANDATE
3507/22/2008 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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