State v. Foote
Docket Info
- Title
- State of North Dakota, Plaintiff and Appellee
v.
Stephanie Ann Foote, Defendant and Appellant - Case Type
- CRIMINAL APPEAL : DUI/DUS
- Appeal From
-
Case No. 2019-CR-02464
North Central Judicial District, Ward County
Todd L. Cresap
Highlight
This Court, in its review, will not weigh conflicting evidence or judge the credibility of witnesses. We will affirm a district court’s decision on a motion to suppress if there is sufficient competent evidence fairly capable of supporting the trial court’s findings, and the decision is not contrary to the manifest weight of the evidence.
An officer is engaged in the role of community caretaker when the officer approaches a parked vehicle to inquire in a conversational manner whether the occupant is okay or needs assistance. A request that the suspect open the door or roll down the window is permissible, but the same would not be true of an order that he do so.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
Seq. # | Filing Date | Description | Attachment |
---|---|---|---|
1 | 05/17/2020 | NOTICE OF APPEAL : 05/17/2020 | |
2 | 05/17/2020 | ORDER FOR TRANSCRIPT : 05/18/2020 | |
3 | 05/18/2020 | NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV. | |
4 | 05/18/2020 | Notice Served on Danny L. Herbel and John M. Gonzalez | |
5 | 05/28/2020 | ELECTRONIC TRANSCRIPT DATED FEBRUARY 28, 2020 | |
6 | 05/28/2020 | Certificate of Service of Transcript | |
7 | 06/12/2020 | ELEC. RECORD ON APPEAL DATED JUNE 11, 2020 (ENTRY NOS. 1-55) | |
8 | 07/03/2020 | MOT. EXT/TIME APPELLANT BRIEF | |
9 | 07/06/2020 | ACTION BY CLERK - Granted : 07/28/2020 | |
10 | 07/22/2020 | 2nd MOT. EXT/TIME APPELLANT BRIEF | |
11 | 07/23/2020 | ACTION BY CLERK - Granted : 08/05/2020 | |
12 | 08/05/2020 | APPELLANT'S BRIEF (AMENDED APPELLANT'S BRIEF FILED 8/24/2020) | |
13 | 08/05/2020 | Oral Argument Request by Appellant | |
14 | 08/05/2020 | APPELLANT APPENDIX | |
15 | 08/11/2020 | Rec'd non-substantive corrections to ATA | |
16 | 08/14/2020 | Rec'd 5 copies of ATB and 4 copies of ATA back from CSD | |
17 | 08/24/2020 | MOTION TO FILE AMENDED BRIEF | |
18 | 08/24/2020 | ACTION BY CLERK - Granted : 08/24/2020 | |
19 | 08/24/2020 | APPELLANT BRIEF (replaces brief previously filed 8/5/2020) | View |
20 | 08/25/2020 | Rec'd corrected Table of Contents for Appellant's Appendix and proof of service | |
21 | 08/26/2020 | Rec'd ATB from CD | |
22 | 09/02/2020 | APPELLEE BRIEF | View |
23 | 09/02/2020 | Oral Argument Request by Appellee | |
24 | 09/03/2020 | Rec'd 5 copies of AEB back from CSD | |
25 | 09/16/2020 | REPLY BRIEF | |
26 | 09/17/2020 | Rec'd 5 copies of RYB from CSD | |
27 | 09/23/2020 | NOTICE OF ORAL ARGUMENT SENT | |
28 | 10/28/2020 | APPEARANCES: Danny L. Herbel; John M. Gonzalez | |
29 | 10/28/2020 | ARGUED: Danny L. Herbel; John M. Gonzalez | |
30 | 10/28/2020 | ORAL ARGUMENT WEBCAST | |
31 | 12/17/2020 | DISPOSITION | |
32 | 12/17/2020 | UNANIMOUS OPINION : Tufte, Jerod E. | View |
33 | 12/18/2020 | Judgment | |
34 | 01/13/2021 | MANDATE | |
35 | 02/08/2021 | Corrected Opinion Pages: Third line of paragraph 9 on page 3, changed 139 to 136 & paragraph 14 on | |
36 | 02/08/2021 | page 6, fifth line from the top changed Abernathy to Abernathey |