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City of Grand Forks v. Mitchell

Docket No. 20070153
Oral Argument: Thursday, November 8, 2007 9:30am

Docket Info

Title
City of Grand Forks, Plaintiff and Appellee
v.
Clinton Bernard Mitchell, Defendant and Appellant
Case Type
CRIMINAL APPEAL : DUI/DUS
Appeal From
Case No. 06-K-03092
Northeast Central Judicial District, Grand Forks County
Debbie Gordon Kleven
2008 ND 5743 N.W.2d 800
Oral Argument 11/8/2007

Highlight

A police officer's stop of a vehicle bearing no license plates with a white 8 � x 11 sheet of paper with a date written in black marker posted in its rear window that the officer did not recognize as an authentic temporary registration certificate was constitutionally permissible because the officer had reasonable and articulable suspicion of a violation of the motor vehicle registration law.
A police officer's subjective intent is not germane for purposes of the objective inquiry used to determine whether a reasonable and articulable suspicion existed that an individual was violating the law.


Briefs

Filing Date Description
08/06/2007 APPELLANT BRIEF (e-filed) View
09/04/2007 APPELLEE BRIEF View
09/18/2007 REPLY BRIEF View

Counsel

Party Type Name
APPELLEE ASST. CITY ATTORNEY Tressie Christine Brazil - 06077
APPELLEE CITY PROSECUTOR Kristi Pettit Venhuizen - 05637

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

Seq. # Filing Date Description Attachment
1 06/04/2007 NOTICE OF APPEAL : 05/31/2007
2 06/04/2007 ORDER FOR TRANSCRIPT : 05/31/2007
3 06/12/2007 Acknowledgment of OTR and request for Retention of Record : 07/20/2007
4 06/27/2007 TRANSCRIPT DATED January 12, 2007
5 06/28/2007 DISK-TRA (1/12/07)
6 06/28/2007 CERTIFICATE OF SERVICE OF COPIES OF TRANSCRIPTS
7 07/12/2007 RECORD ON APPEAL Not included were Steno Notes (Entry Nos. 16, 19, & 25).
8 08/06/2007 APPELLANT BRIEF (e-filed) View
9 08/06/2007 E-FILED BRIEF (ATB)
10 08/06/2007 APPELLANT APPENDIX
11 08/06/2007 E-FILED APPENDIX (ATA)
12 08/09/2007 Received $25 e-filing surcharge for ATB (Receipt #17647)
13 08/13/2007 Received 7 copies of ATB from Central Duplicating
14 08/15/2007 Received 7 copies of ATA from Central Duplicating
15 09/06/2007 Received $25 surcharge for AEB (Receipt 17682)
16 09/04/2007 APPELLEE BRIEF View
17 09/04/2007 APPELLEE APPENDIX
18 09/04/2007 E-FILED BRIEF (aeb)
19 09/04/2007 E-FILED APPENDIX (AEA)
20 09/10/2007 Received copies of AEB from Central Duplicating
21 09/10/2007 Received copies of AEA from Central Duplicating
22 09/18/2007 REPLY BRIEF View
23 09/18/2007 E-FILED BRIEF - RYB
24 09/25/2007 Received copies of Reply Brief from Central Duplicating
25 11/08/2007 APPEARANCES: Alexander F. Reichert; Kristen S. Pettit
26 11/08/2007 ARGUED: Reichert; Pettit
27 11/08/2007 ORAL ARGUMENT WEBCAST
28 01/17/2008 DISPOSITION
29 01/17/2008 SPLIT OPINION : Maring, Mary Muehlen View
30 01/17/2008 Concurring specially : Sandstrom, Dale V.
31 01/17/2008 dissenting : Crothers, Daniel John
32 01/22/2008 Judgment e-mailed to Parties
33 01/24/2008 Corrected Opinion Page (cover page)
34 01/31/2008 PETITION FOR REHEARING (E-filed) View
35 01/31/2008 E-FILED BRIEF (PER)
36 02/06/2008 Received 7 cc of PER from Central Duplicating
37 02/21/2008 ACTION BY SUPREME COURT (Pet/Rehearing) - Denied
38 03/05/2008 MANDATE
39 03/19/2008 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
40 11/07/2017 EXPUNGED - Nonpermanent record items destroyed