Richter v. ND Dept. of Transportation

20080036 Corey Richter, Petitioner and Appellant
v.
North Dakota Department
of Transportation, Respondent and Appellee

Appeal from: District Court, South Central Judicial District, Morton County
Judge Robert O. Wefald
Nature of Action: Transportation Dept.
Counsel:
Appellant: Dickson Law Office
Appellee: Douglas Bruce Anderson , Att. General Office
Term: 05/2008   Argument: 05/06/2008  9:30am
ND cite: 2008 ND 105
NW cite: 750 N.W.2d 430

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
1. Whether Game and Fish Wardens were acting outside of their statutory authority when they detained Richter at the scene of an accident?
2. Whether the Game and Fish Wardens were acting as private citizens when they illegally seized Richter's person and made him remain at the scene of an accident until law enforcement arrived?
3. Whether Richter's Fourth Amendment right to be free from illegal seizure was violated?

Appellee's Statement of the Issues:
I. Whether Richter was illegally seized.
II. Whether Richter's Fourth Amendment rights were violated.
III. Whether Richter failed to object to the admissibility of the evidence in a timely manner and waived his claim of error.

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Docket entries:
102/07/2008 NOTICE OF APPEAL: 01/23/2008
202/11/2008 Notice of Appearance of Douglas B. Anderson on behalf of NDDOT
302/22/2008 RECORD ON APPEAL & SEPARATE (ENTRY NO. 5)
402/28/2008 DISK - tra of Administrative Hearing dated 8-15-07 (e-mailed)
503/03/2008 APPELLANT BRIEF
603/03/2008 APPELLANT APPENDIX
703/04/2008 DISK of ATB (cd)
804/07/2008 APPELLEE BRIEF
904/07/2008 APPELLEE APPENDIX
1004/07/2008 DISK - aeb (e-mailed)
1104/07/2008 Affidavit of Service by Mail of AEB
1205/06/2008 APPEARANCES: Jodi L. Colling; Douglas B. Anderson
1305/06/2008 ARGUED: Colling; Anderson
1405/06/2008 ORAL ARGUMENT WEBCAST
1506/05/2008 DISPOSITION: REVERSED AND REMANDED
1606/05/2008 UNANIMOUS OPINION: VandeWalle, Gerald W.
1706/05/2008 Costs on appeal taxed in favor of appellant
1806/06/2008 Judgment E-Mailed to Parties
1906/27/2008 MANDATE
2007/07/2008 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 10/20/2014