State v. Varnson | |||||||
20130041 |
State of North Dakota, Plaintiff and Appellee
v. Kyle Jordan Varnson, Defendant and Appellant | ||||||
Appeal from: |
District Court,
Northeast Central Judicial District,
Grand Forks County
Judge Debbie Gordon Kleven | ||||||
Nature of Action: | Dui/Dus | ||||||
Counsel: |
| ||||||
Term: | 06/2013  Argument: 06/17/2013 | ||||||
ND cite: | 2013 ND 114 | ||||||
NW cite: |
837 N.W.2d 159
| ||||||
| |||||||
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. | ||||||
![]() |
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 |