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State v. Hansford

Docket No. 20180179
Oral Argument: Monday, December 3, 2018 10:00 AM

Docket Info

Title
State of North Dakota, Plaintiff and Appellee
v.
Samuel Elliot Hansford, Defendant and Appellant
Case Type
CRIMINAL APPEAL : SEXUAL OFFENSE
Appeal From
Case No. 2017-CR-00001
Southwest Judicial District, Golden Valley County
James D. Gion
2019 ND 52923 N.W.2d 113

Highlight

Whether a suspect is in custody is a mixed question of fact and law which is fully reviewable on appeal.

A reasonable person would not believe he was in custody when he traveled unrestrained to the police station, was not placed under arrest or otherwise restrained, was told he was free to leave at any time, sat closest to the door during the interview, was interviewed in a room with only one law enforcement agent present, did not show any apprehension about being in the agent’s company, and told the agent he understood he was free to leave at any time.

It is the State’s burden to prove the voluntariness of a defendant’s confession and to produce evidence on relevant factors.

Even if a suspect is not in custody and Miranda warnings are given gratuitously, they are not rendered wholly irrelevant in determining whether incriminating statements were given voluntarily.

Parties raising a constitutional claim must provide persuasive authority and a reasoned analysis to support the claim.


Briefs

Filing Date Description
08/17/2018 APPELLANT BRIEF View
09/14/2018 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLANT COURT APPOINTED Markus A. Powell - 07930
APPELLEE STATE'S ATTORNEY Christina M. Wenko - 06884
APPELLEE ASST. STATE'S ATTORNEY Olivia L. Krebs - 08743

(Note: Attachments may not be available for recently filed cases and/or confidential documents.)

Seq. # Filing Date Description Attachment
1 05/09/2018 NOTICE OF APPEAL : 05/09/2018
2 05/09/2018 ORDER FOR TRANSCRIPT : 05/10/2018
3 05/10/2018 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
4 05/10/2018 Notice served on Markus A. Powell and Christina M.Wenko
5 05/11/2018 Notice of Assignment of Counsel by Markus Powell
6 06/04/2018 ELEC. RECORD ON APPEAL DATED JUNE 1, 2018 (ENTRY NOS. 1-164)
7 06/18/2018 ELECTRONIC TRANSCRIPT DATED AUGUST 1, 2017 & C.O.S.
8 07/18/2018 MOT. EXT/TIME APPELLANT BRIEF
9 07/18/2018 E-FILED MOTION
10 07/18/2018 ACTION BY CLERK - Granted : 08/17/2018
11 08/17/2018 APPELLANT BRIEF View
12 08/17/2018 E-FILED BRIEF (PDF)
13 08/17/2018 APPELLANT APPENDIX
14 08/17/2018 E-FILED APPENDIX
15 08/23/2018 Rec'd non-substantive corrections to ATB & ATA (service, jmt, noa)
16 08/27/2018 Rec'd $25 e-filing surcharge for ATB (receipt #26386)
17 08/29/2018 Rec'd 6 copies of ATB & ATA from CSD
18 09/14/2018 APPELLEE BRIEF View
19 09/14/2018 E-FILED BRIEF (PDF)
20 09/20/2018 Rec'd $25.00 surcharge for AEB filing (receipt #26595)
21 09/24/2018 Recieved 6 copies of AEB back from central Duplicating
22 11/13/2018 NOTICE OF ORAL ARGUMENT SENT
23 12/03/2018 APPEARANCES: Markus A. Powell; Christina M. Wenko; Olivia L. Krebs
24 12/03/2018 ARGUED: Markus A. Powell; Olivia L. Krebs
25 12/03/2018 ORAL ARGUMENT WEBCAST
26 02/21/2019 DISPOSITION
27 02/21/2019 UNANIMOUS OPINION : McEvers, Lisa K. Fair View
28 02/22/2019 Judgment Sent to Parties
29 03/26/2019 Corrected/Substitute Opinion Page (Correction occurs on Page 10, Paragraph 26, Line 3 and replaces
30 03/26/2019 "Comm," with "Commc'ns,"
31 04/03/2019 MANDATE