State v. Kuruc

20130334 State of North Dakota, Plaintiff and Appellee
v.
Brian Alan Kuruc, Defendant and Appellant

Appeal from: District Court, East Central Judicial District, Cass County
Judge Wickham Corwin
Nature of Action: Drugs/Contraband
Counsel:
Appellant: Mark Allan Friese
Appellee: Kara Schmitz Olson , Asst. State's Attorney
Appellant: Neil Jeffrey Roesler
Term: 02/2014   Argument: 02/24/2014  1:30pm
ND cite: 2014 ND 95
NW cite: 846 N.W.2d 314

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
1. Whether the district court erred by denying in part a motion to suppress evidence on the basis that law enforcement's discovery of evidence after a warrantless and nonconsensual entry into a hotel room was admissible under the inevitable-discovery and independent-source doctrines.
2. Whether the district court erred by denying a motion in limine seeking an order that possession of a controlled substance in accordance with a valid prescription or order was admissible at trial, and appropriate jury instructions regarding this lawful possession, on the basis that marijuana is a schedule I controlled substance and a valid prescription or order would not negate the charge of Possession with Intent to Deliver.

Appellee's Statement of the Issues:
I.Whether the deputy's entry into the room and attempt to freeze the scene without a warrant was reasonable under the Fourth Amendment.
II.Whether the deputy's actions constitute a warrantless search; if so, whether the district court correctly applied the independent source doctrine and doctrine of inevitable discovery.
III.Whether the district court appropriately rejected the use of the marijuana permit as a defense under the prescription drug statute.

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Docket entries:
110/25/2013 NOTICE OF APPEAL: 10/25/2013
210/25/2013 ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning
311/27/2013 ELEC. RECORD ON APPEAL DATED November 26, 2013 (ENTRY NOS.1-118)
412/03/2013 APPELLANT BRIEF (PDF)
512/03/2013 E-FILED BRIEF (PDF)
612/03/2013 APPELLANT APPENDIX
712/03/2013 E-FILED APPENDIX
812/05/2013 Rec'd 7 copies of ATB & 6 copies of ATA from Central Duplicating
912/06/2013 Received $25.00 surcharge for ATB (Receipt #22516)
1012/31/2013 MOT. EXT/TIME APPELLEE BRIEF
1112/31/2013 E-FILED MOTION
1212/31/2013 ACTION BY CHIEF DEPUTY CLERK. Granted: 01/09/2014
1301/09/2014 ANNOUNCED DISQUALIFICATION: McEvers, Lisa K. Fair
1401/09/2014 APPELLEE BRIEF
1501/09/2014 E-FILED BRIEF
1601/10/2014 Received written consent of Kara Schmitz Olson for Benjamin Sand, 3rd year law student
1701/14/2014 rec'd dated conclusion page & proof of service for aeb
1801/16/2014 Received 7 copies of AEB from Central Duplicating
1901/16/2014 RECEIVED $25 E-FILING SURCHARGE FOR AEB (RECEIPT #22586)
2001/21/2014 NOTICE OF ORAL ARGUMENT SENT
2101/21/2014 SITTING WITH THE COURT (KAREN KOSANDA BRAATEN) UNABLE TO SIT, REASSIGNED JUDGE
2201/21/2014 SITTING WITH THE COURT: Hodny, William F.
2301/22/2014 REPLY BRIEF
2401/22/2014 E-FILED BRIEF
2501/23/2014 Received 7 copies of RYB from Central Duplicating
2602/05/2014 Request for Radio/TV Coverage (The Great Plains Examiner)
2702/14/2014 STIPULATION TO CONSOLIDATE WITH 20130337
2802/13/2014 E-FILED MOTION
2902/14/2014 ACTION BY SUPREME COURT. Granted
3002/14/2014 This case is consolidated w/20130337. Make all docket entries, except ROA, DIS, & MAN in this case
3102/20/2014 SITTING WITH THE COURT: Schmalenberger, Allan L.
3202/24/2014 APPEARANCES: Mark A. Friese; Neil J. Roesler; Charles J. Sheeley; Kara Schmitz Olson
3302/24/2014 ARGUED: Neil J. Roesler; Charles J. Sheeley; Kara Schmitz Olson
3402/24/2014 ORAL ARGUMENT WEBCAST
3505/08/2014 DISPOSITION: AFFIRMED
3605/08/2014 SPLIT OPINION: VandeWalle, Gerald W.
3705/08/2014 (CONCURRING SPECIALLY): Crothers, Daniel John: CONCUR
3805/08/2014 Corrected Opinion Pages - paragraphs were renumbered starting with paragraph 8,paragraph 42, line
3905/08/2014 2, paragraph 45, lines 10 and 12
4005/09/2014 Judgment Sent to Parties
4106/02/2014 MANDATE

Generated from Supreme Court Docket on 09/01/2014