State v. Thompson

20100175 State of North Dakota, Plaintiff and Appellee
v.
James Thompson, Defendant and Appellant

Appeal from: District Court, South Central Judicial District, Morton County
Judge Robert O. Wefald
Nature of Action: Dui/Dus
Counsel:
Appellant: Robert Nicholas Quick
Appellee: Jackson John Lofgren , Asst. State's Attorney
Term: 11/2010   Argument: 11/30/2010  10:00am
ND cite: 2011 ND 11
NW cite: 793 N.W.2d 185

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
Did the district court err in denying defendant's motion to suppress evidence for an illegal seizure and subsequent search?

Appellee's Statement of the Issues:
I: Whether the defendant presented sufficient evidence to show that he was seized when he voluntarily parked his vehicle without any command from the officer to stop?
II: Whether the officer had a reasonable and articulable suspicion to stop the defendant at 2:00 a.m. after observing him driving a suspicious vehicle 10 miles per hour under the speed limit, pull into the parking lot of a closed business, drive around to the back of the business, and park?

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Docket entries:
106/15/2010 NOTICE OF APPEAL: 06/14/2010
206/15/2010 ORDER FOR TRANSCRIPT: 06/14/2010
306/15/2010 Consolidated w/20100176. All entries except DIS and MAN made in this case.
407/08/2010 TRANSCRIPTS DATED 2/2/10, 3/8/10, 5/4/10 (ORIGINAL IN RECORD) & C.O.S.
507/09/2010 DISK-tra (2/2/10, 3/8/10, 5/4/10) e-mailed
607/12/2010 RECORD ON APPEAL and Separate no. 18 (not rec'd no. 10 "nothing filed" error)
707/27/2010 Supplemental Clerk's Certificate of Record (30-09-K-01373: entry nos. 29-31)
808/17/2010 APPELLANT BRIEF (e-filed)
908/17/2010 E-FILED BRIEF (ATB)
1008/17/2010 APPELLANT APPENDIX (e-filed)
1108/17/2010 E-FILED APPENDIX (ATA)
1208/19/2010 Received 7 copies of ATB from CSD
1308/19/2010 Received 6 copies of ATA from CSD
1409/01/2010 Supplemental Clerk's Certificate of Record dated 8/31/10 (Entry Nos. 32 & 33).
1509/14/2010 APPELLEE BRIEF
1609/14/2010 DISK - aeb (e-mailed)
1709/24/2010 Filing fee paid 8-27-10 through inter-departmental billing
1810/15/2010 NOTICE OF ORAL ARGUMENT SENT
1911/30/2010 APPEARANCES: Robert N. Quick; Jackson J. Lofgren
2011/30/2010 ARGUED: Robert N. Quick; Jackson J. Lofgren
2111/30/2010 ORAL ARGUMENT WEBCAST
2201/12/2011 DISPOSITION: REVERSED AND REMANDED
2301/12/2011 UNANIMOUS OPINION: Crothers, Daniel John
2401/12/2011 CONCUR: VandeWalle, Gerald W.: CONCUR
2501/13/2011 Judgment Sent to Parties
2602/03/2011 MANDATE
2702/07/2011 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 12/19/2014