State v. Pederson
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| 20100364 |
State of North Dakota, Plaintiff and Appellee
v.
Kyle Steven Pederson, Defendant and Appellant
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| Appeal from: |
District Court,
Northeast Central Judicial District,
Grand Forks County
Judge Lawrence E. Jahnke |
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Nature of Action: |
Theft
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| Counsel: |
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| Term: |
04/2011 Argument: 04/04/2011 11:00am
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| ND cite: |
2011 ND 155
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| NW cite: |
801 N.W.2d 723
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| Issues: |
Appellant's Statement of the Issues:
I. Whether the trial court erred as a matter of law by finding that Pederson voluntarily consented to law enforcement entry into his motel room for his arrest without an arrest warrant.
II. Whether the trial court erred as a matter of law by finding that Pederson voluntarily waived his Miranda Rights.
III. Whether any evidence, including Pederson's statements, is the fruit of an illegal arrest.
Appellee's Statement of the Issues:
I. Whether the district court properly determined Mr. Pederson consented to the entry of his hotel room.
II. Whether the district court properly Determined Mr. Pederson waived his Miranda rights and did not invoke his right to counsel.
III. Whether the evidence obtained stemmed from a lawful arrest.
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| 1 | | 11/08/2010 | |
NOTICE OF APPEAL: 11/02/2010 |
| 2 | | 11/08/2010 | |
ORDER FOR TRANSCRIPT: 11/02/2010 |
| 3 | | 11/12/2010 | |
Received corrected Notice of Filing the Notice of Appeal from the trial court. |
| 4 | | 12/13/2010 | |
RECORD ON APPEAL (Electronic) |
| 5 | | 12/20/2010 | |
TRANSCRIPT DATED June 24, 2010 & C.O.S. |
| 6 | | 12/20/2010 | |
DISK - tra (6/24/10) (e-mailed) |
| 7 | | 01/31/2011 | |
APPELLANT BRIEF (e-file) |
| 8 | | 01/31/2011 | |
E-FILED BRIEF (ATB) |
| 9 | | 01/31/2011 | |
APPELLANT APPENDIX (e-file) |
| 10 | | 01/31/2011 | |
E-FILED APPENDIX (ATA) |
| 11 | | 02/10/2011 | |
Rec'd 7 copies of ATB back from Central Duplicating. |
| 12 | | 02/10/2011 | |
Rec'd 6 copies back from Central Duplicating. |
| 13 | | 03/01/2011 | |
E-filing surcharge for ATB paid 2-10-11 through inter-departmental billing |
| 14 | | 03/02/2011 | |
APPELLEE BRIEF (e-filed) PDF |
| 15 | | 03/02/2011 | |
E-FILED BRIEF (AEB) PDF |
| 16 | | 03/03/2011 | |
Received correction to AEB. |
| 17 | | 03/04/2011 | |
Received 7 copies of AEB from Central Duplicating. |
| 18 | | 03/04/2011 | |
Received $25 e-filing surcharge for AEB (Receipt #20205). |
| 19 | | 03/04/2011 | |
Received written consent of Peter D. Welte for 3rd year Abby Siewert. |
| 20 | | 03/21/2011 | |
NOTICE OF ORAL ARGUMENT SENT |
| 21 | | 04/04/2011 | |
APPEARANCES: Blake D. Hankey & Kelsy Gentzkow, 3rd year law student; Haley L. Wamstad, |
| 22 | | 04/04/2011 | |
Asst. State's Attorney & Abby Siewert, 3rd Year Law Student |
| 23 | | 04/04/2011 | |
ARGUED: Hankey; Siewert,3rd Year Law Student |
| 24 | | 04/04/2011 | |
ORAL ARGUMENT WEBCAST |
| 25 | | 08/18/2011 | |
DISPOSITION: AFFIRMED |
| 26 | | 08/18/2011 | |
SPLIT OPINION: VandeWalle, Gerald W. |
| 27 | | 08/18/2011 | |
(CONCUR IN THE RESULT): Maring, Mary Muehlen: CON/RES |
| 28 | | 08/18/2011 | |
(JOINED CONCURRING IN THE RESULT): Kapsner, Carol Ronning: JN/CON |
| 29 | | 08/19/2011 | |
Judgment Sent to Parties |
| 30 | | 09/09/2011 | |
MANDATE |
| 31 | | 09/13/2011 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |