State v. Beane
State of North Dakota, Plaintiff and Appellant
Donald Beane, Defendant and Appellee
Northwest Judicial District,
Judge Gerald H. Rustad
|Nature of Action:||Drugs/Contraband|
|Term:||05/2009  Argument: 05/01/2009|
|ND cite:||2009 ND 146|
770 N.W.2d 283
Listen to recording of oral argument in MP3 format
Appellant's Statement of the Issues:|
1. The District Court erred in partially granting Donald Beane's ("Beane"), Motion to Suppress Evidence.
a. The District Court failed to consider all of the circumstances and the officer's experience.
b. The District Court selected an improper standard for analyzing the validity of a Terry type stop.
c. The District Court selected an improper standard for analyzing the validity of a pat-down search.
d. The District Court selected an improper standard for analyzing the validity of a pocket search.
e. The District Court's decision is unsupported by sufficient competent evidence and is against more than the manifest weight of the evidence.
|Add Docket 20090011 RSS|
|1||01/13/2009 NOTICE OF APPEAL: 01/09/2009|
|2||01/13/2009 ORDER FOR TRANSCRIPT: 01/09/2009|
|3||01/13/2009 This case is consolidated w/20090012-20090015. Make all docket entries, except DIS & MAN codes,|
|4||01/13/2009 in this case.|
|5||02/09/2009 TRANSCRIPT DATED August 27, 2008|
|6||02/09/2009 DISK (Tra) (8-27-08) (e-mailed)|
|7||02/13/2009 Certificate of Service of Transcript on Mr. Beane|
|8||03/09/2009 RECORD ON APPEAL|
|9||03/11/2009 APPELLANT BRIEF (e-filed)|
|10||03/11/2009 E-FILED BRIEF (ATB)|
|11||03/11/2009 APPELLANT APPENDIX (e-filed)|
|12||03/11/2009 E-FILED APPENDIX (ATA)|
|13||03/12/2009 Received $25 surcharge for ATB (Receipt #18753)|
|14||03/13/2009 Received 7 copies of ATB from Central Duplicating|
|15||03/13/2009 Received 6 copies of ATA from Central Duplicating|
|16||05/01/2009 APPEARANCES: Nathan K. Madden, Assistant State's Attorney|
|17||05/01/2009 ARGUED: Madden|
|18||05/01/2009 ORAL ARGUMENT WEBCAST|
|19||07/21/2009 DISPOSITION: REVERSED|
|20||07/21/2009 UNANIMOUS OPINION: Sandstrom, Dale V.|
|21||07/22/2009 Judgment e-mailed to Parties|
|23||08/26/2009 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|