State v. Johnson

20100240 State of North Dakota, Plaintiff and Appellee
v.
Daryl Gene Johnson, Defendant and Appellant

Appeal from: District Court, Southeast Judicial District, Richland County
Judge Richard W. Grosz
Nature of Action: Drugs/Contraband
Counsel:
Appellant: Steven M. Light
Appellee: Ronald W. McBeth , Asst. State's Attorney
Term: 01/2011   Argument: 01/06/2011  10:45am
ND cite: 2011 ND 48
NW cite: 795 N.W.2d 367

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
1.Whether the district court erred in determining there was probable cause for the issuance of search warrants for the residence and vehicle of the defendant.
2.Whether the testimony of stale information included in the application for the search warrant was improper, as it was not established that the defendant was engaged in activity of a protracted or continuous nature.

Appellee's Statement of the Issues:
1. Whether the District Court erred in determining there was probable cause for the issuance of search warrants for the residence and vehicle of the Defendant.
2. Whether the testimony of stale information included in the application for the search warrant was improper.

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Docket entries:
107/27/2010 NOTICE OF APPEAL: 07/22/2010
207/27/2010 ORDER FOR TRANSCRIPT: 07/22/2010
307/27/2010 This case is consolidated w/20100241 & 20100242. Make all entries in this case except DIS & MAN.
408/25/2010 ELECTRONIC RECORD ON APPEAL (entry nos. 1-32)
508/26/2010 TRANSCRIPT DATED March 24, 2010 & C.O.S.
608/26/2010 DISK - tra (3/24/10) (e-mailed)
709/09/2010 DISK-tra (3/30/10, 5/6/10, 7/6/10 AND 7/13/10)
809/10/2010 TRANSCRIPTS DATED 3/30/10, 5/6/10, 7/6/10 AND 7/13/10 & C.O.S.
910/20/2010 APPELLANT BRIEF (PDF) e-filed
1010/20/2010 E-FILED BRIEF (ATB) PDF
1110/20/2010 APPELLANT APPENDIX (PDF) e-filed
1210/20/2010 E-FILED APPENDIX (PDF)
1310/27/2010 Received $25 e-filing surcharge for ATB (Receipt #20030).
1410/28/2010 Received 7 copies of ATB from Central Duplicating.
1510/28/2010 Recieved 6 copies of ATA from Central Duplicating.
1611/04/2010 APPELLEE BRIEF
1711/04/2010 DISK - AEB (CD)
1811/19/2010 REPLY BRIEF (e-filed) PDF
1911/19/2010 E-FILED BRIEF (RYB) PDF
2011/23/2010 Received 7 copies of RYB from Central Duplicating.
2112/06/2010 Request for waiver of oral argument on behalf of Appellee
2212/08/2010 Mot. to Dismiss 20100243 & 20100244 was rec'd and Order issued dismising them.
2312/13/2010 NOTICE OF ORAL ARGUMENT SENT
2412/16/2010 ACTION BY SUPREME COURT (Request for waiver on behalf of Appellee). Granted
2504/06/2011 APPEARANCES: Steven M. Light/AE waiver under N.D.R.App.P. 34(f)
2601/06/2011 ARGUED: Steven M. Light/Appellee waived
2701/06/2010 ORAL ARGUMENT WEBCAST
2803/22/2011 DISPOSITION: AFFIRMED
2903/22/2011 UNANIMOUS OPINION: Crothers, Daniel John
3003/24/2011 Judgment Sent to Parties
3104/04/2011 PETITION FOR REHEARING (e-filed)
3204/04/2011 E-FILED BRIEF (PER)
3304/07/2011 Received 7 copies of Petition for Rehearing from Central Duplicating
3404/12/2011 ACTION BY SUPREME COURT (Pet/Rehearing). Denied
3505/02/2011 MANDATE
3605/05/2011 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 10/23/2014