State v. Gay
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| 20070348 |
State of North Dakota, Plaintiff and Appellant
v.
David Gay, Defendant and Appellee
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| Appeal from: |
District Court,
Northwest Judicial District,
Williams County
Judge Gerald H. Rustad |
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Nature of Action: |
Drugs/Contraband
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| Counsel: |
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| Term: |
03/2008 Argument: 03/04/2008 10:45am
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| ND cite: |
2008 ND 84
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| NW cite: |
748 N.W.2d 408
Listen to recording of oral argument
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| 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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| 1 | | 11/29/2007 | |
NOTICE OF APPEAL: 11/02/2007 |
| 2 | | 11/29/2007 | |
ORDER FOR TRANSCRIPT: 11/02/2007 |
| 3 | | 11/28/2007 | |
TRANSCRIPT DATED November 1, 2007 |
| 4 | | 11/29/2007 | |
DISK - TRA November 1, 2007 |
| 5 | | 12/12/2007 | |
RECORD ON APPEAL. Not included was Entry No. 39 (Clerical Error). |
| 6 | | 12/20/2007 | |
Received $25 surcharge for ATB (Receipt 17963) |
| 7 | | 12/20/2007 | |
APPELLANT BRIEF |
| 8 | | 12/20/2007 | |
E-FILED BRIEF - ATB |
| 9 | | 12/20/2007 | |
APPELLANT APPENDIX |
| 10 | | 12/28/2007 | |
Received 7 copies of ATB from Central Duplicating. |
| 11 | | 01/16/2008 | |
MOT. EXT/TIME APPELLEE BRIEF (faxed) |
| 12 | | 01/16/2008 | |
E-FILED MOTION (Mot/Ext/AEB) (Faxed) |
| 13 | | 01/18/2008 | |
ACTION BY CLERK (Mot/Ext/AEB). Granted: 02/05/2008 |
| 14 | | 01/22/2008 | |
Received written confirmation Mr. Terry will continue to represent appellee. |
| 15 | | 01/31/2008 | |
APPELLEE BRIEF |
| 16 | | 02/05/2008 | |
Corrected TOA & P. 7 for AEB |
| 17 | | 02/05/2008 | |
DISK - aeb (E-mailed) |
| 18 | | 03/04/2008 | |
APPEARANCES: Nicole E. Foster; Faron E. Terry |
| 19 | | 03/04/2008 | |
ARGUED: Foster; Terry |
| 20 | | 03/04/2008 | |
ORAL ARGUMENT WEBCAST |
| 21 | | 05/15/2008 | |
DISPOSITION: AFFIRMED |
| 22 | | 05/15/2008 | |
SPLIT OPINION: Kapsner, Carol Ronning |
| 23 | | 05/15/2008 | |
(DISSENT): Sandstrom, Dale V.: DISSENT |
| 24 | | 05/15/2008 | |
(JOINED IN THE DISSENT): Maring, Mary Muehlen: JN/DIS |
| 25 | | 05/16/2008 | |
Judgment e-mailed to Parties |
| 26 | | 05/19/2008 | |
Mot. Ext/Time Petition for Rehearing (faxed) |
| 27 | | 05/19/2008 | |
E-FILED MOTION (Mot/Ext/Pet/Rehearing) (faxed) |
| 28 | | 05/19/2008 | |
ACTION BY CLERK (Mot/Ext/Pet/Rehearing). Granted: 06/13/2008 |
| 29 | | 06/12/2008 | |
PETITION FOR REHEARING (e-filed) |
| 30 | | 06/12/2008 | |
E-FILED BRIEF (PER) |
| 31 | | 06/12/2008 | |
Affidavit of Service of Petition for Rehearing |
| 32 | | 06/18/2008 | |
Received copies of Petition for Rehearing from Central Duplicating Services |
| 33 | | 06/25/2008 | |
ACTION BY SUPREME COURT (Pet/Rehearing). Denied |
| 34 | | 07/09/2008 | |
MANDATE |
| 35 | | 07/22/2008 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |