City of Mandan v. Gerhardt

20090274 City of Mandan, Plaintiff and Appellee
v.
Scott A. Gerhardt, Defendant and Appellant

Appeal from: District Court, South Central Judicial District, Morton County
Judge Gail Hagerty
Nature of Action: Dui/Dus
Counsel:
Appellant: Stanley John Boehm
Appellant: Chad Rory McCabe
Appellee: Daniel James Nagle , City Prosecutor
Term: 01/2010   Argument: 01/21/2010  9:30am
ND cite: 2010 ND 112
NW cite: 783 N.W.2d 818

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
Gerhardt was stopped and seized in violation of the Fourth Amendment of the United States Constitution, and even greater protection under Article 1, Section 8 of the North Dakota State Constitution.

Reply Brief Issue
Gerhardt was stopped and seized in violation of the Fourth Amendment of the United States Constitution, and even greater protection under Article 1, Section 8 of the North Dakota State Constitution.

Appellee's Statement of the Issues:
Officer Poppe's approach and subsequent contact with Gerhardt did not violate Gerhardt's Constitutional rights.

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Docket entries:
109/21/2009 NOTICE OF APPEAL: 09/17/2009
209/21/2009 ANNOUNCED DISQUALIFICATION: Sandstrom, Dale V.
309/25/2009 ORDER FOR TRANSCRIPT: 09/23/2009
410/13/2009 DISK - tra (5-29-09)
510/26/2009 MOT. EXT/TIME APPELLANT BRIEF
610/26/2009 ACTION BY CLERK. Granted: 11/27/2009
710/14/2009 RECORD ON APPEAL & Separate Nos.21 (Transcript dated 5-29-09) & 23 (Intructions to Jury)
811/27/2009 APPELLANT BRIEF (e-filed)
911/27/2009 E-FILED BRIEF (ATB)
1011/27/2009 APPELLANT APPENDIX (faxed)
1111/27/2009 E-FILED APPENDIX (ATA) faxed
1211/30/2009 Received $25 e-filing surcharge for ATB (Receipt #19247).
1312/02/2009 Received 7 cc of ATB from Central Duplicating
1412/02/2009 Received 6 cc of ATA from Central Duplicating
1512/22/2009 NOTICE OF ORAL ARGUMENT SENT
1612/23/2009 APPELLEE BRIEF
1712/23/2009 DISK - aeb (e-mailed)
1812/28/2009 SITTING WITH THE COURT: Hodny, William F.
1901/06/2010 REPLY BRIEF (e-filed)
2001/06/2010 E-FILED BRIEF
2101/08/2010 Received 7 copies of RYB from Central Duplicating.
2201/21/2010 APPEARANCES: Chad R. McCabe & Stanley J. Boehm/Daniel J. Nagle, City Prosecutor
2301/21/2010 ARGUED: McCabe/Nagle
2401/21/2010 ORAL ARGUMENT WEBCAST
2503/12/2010 Supplemental Clerk's Certificate dated March 11, 2010 (Entry Nos. 38 & 39)
2606/15/2010 DISPOSITION: AFFIRMED
2706/15/2010 UNANIMOUS OPINION: Maring, Mary Muehlen
2806/15/2010 Judgment Sent to Parties
2907/07/2010 MANDATE
3007/09/2010 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 10/31/2014