Abernathey v. Department of Transportation
|
| 20080336 |
Dean Allan Abernathey, Petitioner and Appellant
v.
Department of Transportation, Respondent and Appellee
|
| Appeal from: |
District Court,
Northeast Judicial District,
Bottineau County
Judge Michael G. Sturdevant |
|
Nature of Action: |
Transportation Dept.
|
| Counsel: |
|
| Term: |
04/2009 Argument: 04/28/2009 02:45pm
|
| ND cite: |
2009 ND 122
|
| NW cite: |
768 N.W.2d 485
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
|
|
|
| Issues: |
Appellant's Statement of the Issues:
1. The hearing officer incorrectly labeled the encounter between Deputy Keesler and Mr. Abernathey as a welfare check. The decision must therefore be overturned.
2. Deputy Keeler had no reasonable suspicion or probable cause to approach the vehicle. The encounter was therefore a violation of Abernathey's 4th amendment rights.
Appellee's Statement of the Issues:
I. Whether the hearing officer labeled the encounter between Deputy Keesler and Abernathey as a welfare check or a community caretaker function, and if so, whether such a characterization of the encounter warrants reversal of the hearing officer's
decision.
II. Whether Deputy Keesler's approach of Abernathey's vehicle violated his Fourth Amendment rights.
|
|
 Add Docket 20080336 RSS
|
| 1 | | 12/15/2008 | |
NOTICE OF APPEAL: 12/11/2008 |
| 2 | | 12/31/2008 | |
DISK of Transcript of Administrative Hearing dated 7-7-08 |
| 3 | | 01/09/2009 | |
RECORD ON APPEAL & Transcript of Administrative Hearing dated 7-7-08 |
| 4 | | 01/20/2009 | |
MOT. EXT/TIME APPELLANT BRIEF & Affidavit in Support (faxed) |
| 5 | | 01/20/2009 | |
E-FILED MOTION (Mot/Ext/ATB) |
| 6 | | 01/20/2009 | |
ACTION BY CLERK (MAT). Granted: 01/27/2009 |
| 7 | | 01/27/2009 | |
APPELLANT BRIEF (e-filed) |
| 8 | | 01/27/2009 | |
E-FILED BRIEF - ATB |
| 9 | | 01/27/2009 | |
APPELLANT APPENDIX (e-filed) |
| 10 | | 01/27/2009 | |
E-FILED APPENDIX - ATA |
| 11 | | 01/30/2009 | |
Received $25 surcharge for ATB (Receipt #18705) |
| 12 | | 01/30/2009 | |
Received 7 copies of ATB from Central Duplicating |
| 13 | | 01/30/2009 | |
Received 6 copies of ATA from Central Duplicating |
| 14 | | 02/25/2009 | |
MOT. EXT/TIME APPELLEE BRIEF (e-filed letter from Douglas Anderson dated 2-25-09) |
| 15 | | 02/25/2009 | |
E-FILED MOTION (MAE) |
| 16 | | 02/25/2009 | |
ACTION BY CLERK. Granted: 03/03/2009 |
| 17 | | 03/03/2009 | |
APPELLEE BRIEF |
| 18 | | 03/03/2009 | |
APPELLEE APPENDIX |
| 19 | | 03/03/2009 | |
DISK - AEB (e-mailed) |
| 20 | | 04/28/2009 | |
APPEARANCES: Troy R. Morley/Douglas B. Anderson, Asst. Attny. General |
| 21 | | 04/28/2009 | |
ARGUED: Morley/Anderson |
| 22 | | 04/28/2009 | |
ORAL ARGUMENT WEBCAST |
| 23 | | 07/09/2009 | |
DISPOSITION: AFFIRMED |
| 24 | | 07/09/2009 | |
UNANIMOUS OPINION: Kapsner, Carol Ronning |
| 25 | | 07/09/2009 | |
Costs on appeal taxed in favor of Appellee |
| 26 | | 07/10/2009 | |
Judgment e-mailed to Parties |
| 27 | | 08/05/2009 | |
MANDATE |
| 28 | | 08/13/2009 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |