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 |
|
Nature of Action: |
Dui/Dus
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| Counsel: |
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| Term: |
06/2013 Argument: 06/17/2013 Waived
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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 |