State v. Beane

20090011 State of North Dakota, Plaintiff and Appellant
v.
Donald Beane, Defendant and Appellee

Appeal from: District Court, Northwest Judicial District, Williams County
Judge Gerald H. Rustad
Nature of Action: Drugs/Contraband
Counsel:
Appellant: Nathan Kirke Madden , Asst. State's Attorney
Term: 05/2009   Argument: 05/01/2009  2:45pm
ND cite: 2009 ND 146
NW cite: 770 N.W.2d 283

Listen to recording of oral argument in MP3 format

Issues: 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.

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Docket entries:
101/13/2009 NOTICE OF APPEAL: 01/09/2009
201/13/2009 ORDER FOR TRANSCRIPT: 01/09/2009
301/13/2009 This case is consolidated w/20090012-20090015. Make all docket entries, except DIS & MAN codes,
401/13/2009 in this case.
502/09/2009 TRANSCRIPT DATED August 27, 2008
602/09/2009 DISK (Tra) (8-27-08) (e-mailed)
702/13/2009 Certificate of Service of Transcript on Mr. Beane
803/09/2009 RECORD ON APPEAL
903/11/2009 APPELLANT BRIEF (e-filed)
1003/11/2009 E-FILED BRIEF (ATB)
1103/11/2009 APPELLANT APPENDIX (e-filed)
1203/11/2009 E-FILED APPENDIX (ATA)
1303/12/2009 Received $25 surcharge for ATB (Receipt #18753)
1403/13/2009 Received 7 copies of ATB from Central Duplicating
1503/13/2009 Received 6 copies of ATA from Central Duplicating
1605/01/2009 APPEARANCES: Nathan K. Madden, Assistant State's Attorney
1705/01/2009 ARGUED: Madden
1805/01/2009 ORAL ARGUMENT WEBCAST
1907/21/2009 DISPOSITION: REVERSED
2007/21/2009 UNANIMOUS OPINION: Sandstrom, Dale V.
2107/22/2009 Judgment e-mailed to Parties
2208/12/2009 MANDATE
2308/26/2009 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 11/21/2014