State v. Varnson
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| 20130041 |
State of North Dakota, Plaintiff and Appellee
v.
Kyle Jordan Varnson, Defendant and Appellant
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| Appeal from: |
District Court,
Northeast Central Judicial District,
Grand Forks County
Judge Debbie Gordon Kleven |
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Nature of Action: |
Dui/Dus
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| Counsel: |
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| Term: |
06/2013 Argument: 06/17/2013
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| ND cite: |
2013 ND 114
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| NW cite: |
837 N.W.2d 159
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| Issues: |
Appellant's Statement of the Issues:
Because University of North Dakota Police Officer Daniel Weigel did not have a reasonable and articulable suspicion to stop the vehicle driven by defendant Kyle Jordan Varnson -- the defendant's conviction in this case for driving under the influence
was violative of the Fourth (and Fourteenth) Amendments of the United States Constitution and Article I, 8, of the North Dakota Constitution.
Appellee's Statement of the Issues:
Whether reasonable, articulable suspicion existed to justify the traffic stop initiated by Officer Weigel of the University of North Dakota Police Department.
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| 1 | | 02/06/2013
NOTICE OF APPEAL: 02/06/2013 |
| 2 | | 03/18/2013
MOT. EXT/TIME APPELLANT BRIEF |
| 3 | | 03/18/2013
E-FILED MOTION |
| 4 | | 03/18/2013
ACTION BY CLERK. Granted: 04/08/2013 |
| 5 | | 03/08/2013
ELEC. RECORD ON APPEAL DATED MARCH 7, 2013 (ENTRY NOS.1-30 & 32-39) sent by U.S.Mail (31-CD Rom) |
| 6 | | 03/11/2013
REC'D VIA U.S. MAIL EXHIBIT (ENTRY NO. 31-CD ROM) |
| 7 | | 03/26/2013
Change of counsel to Haley Wamstad for Appellee |
| 8 | | 04/17/2013
MOT. EXT/TIME APPELLANT BRIEF |
| 9 | | 04/17/2013
E-FILED MOTION |
| 10 | | 04/17/2013
ACTION BY ACTING CHIEF JUSTICE. Granted: 04/30/2013 |
| 11 | | 04/30/2013
APPELLANT BRIEF (PDF) |
| 12 | | 04/30/2013
E-FILED BRIEF |
| 13 | | 04/30/2013
APPELLANT APPENDIX |
| 14 | | 04/30/2013
E-FILED APPENDIX |
| 15 | | 05/09/2013
Change of counsel back to Faye Jasmer |
| 16 | | 05/03/2013
TRANSCRIPTS DATED OCTOBER 18, 2012 & JANUARY 11, 2013 & C.O.S. |
| 17 | | 05/03/2013
DISK-Transcripts dated October 18, 2012 and January 11, 2013 (e-mailed) |
| 18 | | 05/10/2013
ORDER FOR TRANSCRIPT: 05/01/2013 |
| 19 | | 05/14/2013
We rec'd 7 copies ATB & 6 copies ATA from Central Duplicating |
| 20 | | 05/22/2013
Rec'd $25 surcharge for the ATB (receipt #21868) |
| 21 | | 05/16/2013
NOTICE OF ORAL ARGUMENT SENT |
| 22 | | 05/29/2013
received Consent to Appearance of Andrew C. Eyre |
| 23 | | 05/29/2013
Request to Waive Oral Argument by Appellee |
| 24 | | 05/29/2013
E-FILED MOTION |
| 25 | | 05/29/2013
APPELLEE BRIEF |
| 26 | | 05/29/2013
E-FILED BRIEF |
| 27 | | 05/31/2013
received 7 copies of AEB from CSD |
| 28 | | 05/31/2013
received $25 surcharge for AEB |
| 29 | | 05/31/2013
ACTION BY SUPREME COURT (Request to Waive Oral Argument by Appellee). Granted |
| 30 | | 05/31/2013
S.CT. DETERMINED ORAL ARGUMENT NOT NECESSARY |
| 31 | | 06/17/2013
APPEARANCES: Waived under N.D.R.App.P. 34(a)(2) for the AT and for AE under N.D.R.App.P. 34(f) |
| 32 | | 06/17/2013
ARGUED: Waived |
| 33 | | 06/17/2013
REPLY BRIEF (PDF) |
| 34 | | 06/17/2013
E-FILED BRIEF (PDF) |
| 35 | | 07/18/2013
DISPOSITION: AFFIRMED BY SUMMARY DISP. |
| 36 | | 07/18/2013
UNANIMOUS OPINION: Per Curiam |
| 37 | | 07/22/2013
Judgment Sent to Parties |
| 38 | | 08/16/2013
MANDATE |
| 39 | | 08/22/2013
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |