State v. Mayer
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| 20080046 |
State of North Dakota, Plaintiff and Appellee
v.
Frederick Mayer, Defendant and Appellant
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| Appeal from: |
District Court,
South Central Judicial District,
Burleigh County
Judge Bruce B. Haskell |
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Nature of Action: |
Drugs/Contraband
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| Counsel: |
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| Term: |
06/2008 Argument: 06/03/2008 10:00am
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| ND cite: |
2008 ND 120
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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:
A.Did the trial court err as a matter of law by failing to suppress evidence due to a warrant requirement and the police officers' lack of a warrant?
B.Did the trial court err as a matter of law by failing to suppress evidence due to the officers' lack of a reasonable and articulable suspicion in making a stop?
C.Did the trial court err as a matter of law by finding that the defendant voluntarily waived his Miranda rights?
Appellee's Statement of the Issues:
I.Whether the District Court erred as a matter of law in denying the Appellant's Motion to Suppress Evidence?
A.Standard of Review.
B.Law enforcement did not conduct a "stop" of the Appellant.
C.During the course of the encounter with law enforcement, the Appellant's own actions gave the officers probable cause to arrest him.
D.The Appellant's confession was voluntary.
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| 1 | | 02/14/2008 | |
NOTICE OF APPEAL: 02/12/2008 |
| 2 | | 02/14/2008 | |
ORDER FOR TRANSCRIPT: 02/12/2008 |
| 3 | | 03/10/2008 | |
TRANSCRIPT DATED December 20, 2007 |
| 4 | | 03/10/2008 | |
DISK-TRA (electronic) |
| 5 | | 03/10/2008 | |
CERTIFICATE OF SERVICE OF COPIES OF TRANSCRIPTS |
| 6 | | 03/27/2008 | |
RECORD ON APPEAL & Separate #25 (Not rec'd: #31--Presentence Investigation Report) |
| 7 | | 03/31/2008 | |
Clerk's Supp. Certificate of Record on Appeal dated March 28, 2008, with entry 31 (PSI) attached |
| 8 | | 04/02/2008 | |
RETURN OF ROA TO DIST. CT. for sentencing |
| 9 | | 04/02/2008 | |
RECEIPT SIGNED BY trial court administrator on behalf of DISTRICT COURT CLERK'S OFFICE |
| 10 | | 04/10/2008 | |
RE-FILED RECORD ON APPEAL & SEALED SEPARATES (Nos. 25 & 31) |
| 11 | | 04/14/2008 | |
APPELLANT BRIEF |
| 12 | | 04/14/2008 | |
APPELLANT APPENDIX |
| 13 | | 04/14/2008 | |
DISK-atb |
| 14 | | 05/13/2008 | |
APPELLEE BRIEF |
| 15 | | 05/13/2008 | |
DISK-AEA (ELECTRONIC) |
| 16 | | 05/30/2008 | |
Consent to Appearance of Sarah Schaar under Limited Practice Rule signed by Richard J. Riha |
| 17 | | 06/03/2008 | |
original Consent to Appearance under Limited Practice Rule for Sarah Schaar |
| 18 | | 06/03/2008 | |
APPEARANCES: Justin D. Hager; Sarah Schaar, appearing under the rules on the limited practice of |
| 19 | | 06/03/2008 | |
law by law students, and Lloyd C. Suhr |
| 20 | | 06/03/2008 | |
ARGUED: Hager; Schaar |
| 21 | | 06/03/2008 | |
ORAL ARGUMENT WEBCAST |
| 22 | | 06/26/2008 | |
DISPOSITION: AFFIRMED BY SUMMARY DISP. |
| 23 | | 06/26/2008 | |
UNANIMOUS OPINION: Per Curiam |
| 24 | | 06/30/2008 | |
Judgment e-mailed to Parties |
| 25 | | 07/18/2008 | |
MANDATE |
| 26 | | 07/22/2008 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |