Richter v. N.D. Dep't of Transportation

20100026 Matthew John Richter, Petitioner and Appellee
v.
North Dakota Department of
Transportation, Respondent and Appellant

Appeal from: District Court, South Central Judicial District, Burleigh County
Judge Robert O. Wefald
Nature of Action: Transportation Dept.
Counsel:
Appellant: Michael Trent Pitcher , Att. General Office
Appellee: Chad Rory McCabe
Term: 05/2010   Argument: 05/25/2010  10:45am
ND cite: 2010 ND 150
NW cite: 786 N.W.2d 716

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
Whether Officer Poppe's approach of Richter's vehicle and subsequent contact with Richter violated his Fourth Amendment rights?

Appellee's Statement of the Issues:
Richter 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.

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Docket entries:
101/21/2010 NOTICE OF APPEAL: 01/19/2010
201/22/2010 DISK - tra (Administrative Hearing transcript dated 3-4-09) (e-mailed)
302/03/2010 Letter from Michael Pitcher counsel for Appellant stating no filing fee required - Admin. Agency
402/17/2010 RECORD ON APPEAL including separate Transcript of Administrative Hearing dated March 4, 2009
502/24/2010 APPELLANT BRIEF
602/24/2010 APPELLANT APPENDIX
702/24/2010 DISK - atb (e-mailed)
802/25/2010 Received copies of admin. agency docket sheet for ROA
903/29/2010 MOT. EXT/TIME APPELLEE BRIEF
1003/29/2010 E-FILED MOTION (MAE)
1103/29/2010 ACTION BY CLERK. Granted: 04/28/2010
1204/20/2010 NOTICE OF ORAL ARGUMENT SENT
1304/26/2010 APPELLEE BRIEF
1404/26/2010 E-FILED BRIEF (AEB)
1504/27/2010 Received $25 e-filing surcharge for AEB (Receipt #19468).
1604/29/2010 Received 7 copies of AEB from Central Duplicating.
1705/25/2010 APPEARANCES: Michael T. Pitcher, Asst. Attny. General; Chad R. McCabe
1805/25/2010 ARGUED: Pitcher; McCabe
1905/25/2010 ORAL ARGUMENT WEBCAST
2006/14/2010 Transcript pages 21 and 22 rec'd for ROA hard copy.
2108/17/2010 DISPOSITION: REVERSED AND REMANDED
2208/17/2010 SPLIT OPINION: Maring, Mary Muehlen
2308/17/2010 (DISSENTING): Kapsner, Carol Ronning: DISSENT
2408/17/2010 Costs on appeal taxed in favor of appellant
2508/19/2010 Judgment Sent to Parties
2609/10/2010 MANDATE
2709/14/2010 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 09/18/2014