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State v. Scholes

Docket No. 20070316
Oral Argument: Tuesday, April 15, 2008 9:30am

Docket Info

Title
State of North Dakota, Plaintiff and Appellee
v.
Michael Scholes, Sr. Defendant and Appellant
Case Type
CRIMINAL APPEAL : SEXUAL OFFENSE
Appeal From
Case No. 06-K-1417
South Central Judicial District, Grant County
Thomas J. Schneider
2008 ND 146753 N.W.2d 377
Oral Argument 4/15/2008

Highlight

The validity of a search warrant is reviewed using the totality-of-the-circumstances approach, considering all of the information for probable cause together and testing affidavits executed in support of a warrant in a commonsense and realistic fashion.
Suppression of evidence is not required for a violation of N.D.R.Crim.P. 41 absent a showing that the defendant was prejudiced, or that the violation was an intentional and deliberate disregard of the rule, or that the violation offends the Fourth Amendment.
To succeed on a challenge to a search warrant based on a claim that law enforcement officers omitted information in the supporting affidavit, the defendant must show: (1) that law enforcement officers omitted facts with the intent to make, or in reckless disregard of whether they thereby made, the affidavit misleading; and (2) that the affidavit, if supplemented by the omitted information, would not have been sufficient to support a finding of probable cause.


Briefs

Filing Date Description
01/21/2008 APPELLANT BRIEF (E-filed) View
02/23/2008 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLANT COURT APPOINTED Mark Taylor Blumer - 04669
APPELLEE STATE'S ATTORNEY James M Vukelic - 03525

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

Seq. # Filing Date Description Attachment
1 10/29/2007 NOTICE OF APPEAL : 10/26/2007
2 10/29/2007 ORDER FOR TRANSCRIPT (sentencing hearing) : 10/26/2007
3 10/31/2007 Jessica J. Ahrendt is appointed attorney for appellant Michael Scholes replacing Kent M. Morrow
4 11/15/2007 Supplemental Order for Preparation of Transcript (suppression hearing)
5 12/17/2007 TRANSCRIPTS DATED APRIL 9, 2007 & OCTOBER 23, 2007
6 12/18/2007 DISK-TRA (4/9/07 & 10/23/07)
7 12/18/2007 CERTIFICATE OF SERVICE OF COPIES OF TRANSCRIPTS
8 12/19/2007 RECORD ON APPEAL
9 01/21/2008 APPELLANT BRIEF (E-filed) View
10 01/21/2008 E-FILED BRIEF (ATB)
11 01/21/2008 APPELLANT APPENDIX (E-filed)
12 01/21/2008 E-FILED APPENDIX (ATA)
13 01/22/2008 Certificate of Service of ATB & ATA on opposing counsel (e-filed)
14 01/22/2008 Received $25 surcharge for ATB (Receipt #17991)
15 01/24/2008 Received 6 copies of ATA from Central Duplicating Services
16 01/30/2008 Received 7 copies of ATB from Central Duplicating
17 02/25/2008 MOT. EXT/TIME APPELLEE BRIEF (Sua Sponte)
18 02/25/2008 ACTION BY CLERK (MAE - Sua Sponte) - Granted : 02/23/2008
19 02/23/2008 APPELLEE BRIEF View
20 02/23/2008 E-FILED BRIEF - AEB
21 02/25/2008 Received $25 surcharge for AEB (18026)
22 02/26/2008 Received 7 copies of AEB from Central Duplicating
23 04/15/2008 APPEARANCES: Jessica J. Ahrendt; James M. Vukelic
24 04/15/2008 ARGUED: Ahrendt; Vukelic
25 04/15/2008 ORAL ARGUMENT WEBCAST
26 05/23/2008 MOTION FOR WITHDRAWAL AND SUBSTITUTION OF COUNSEL W/Brief in Support filed by Jessica J. Aherndt
27 05/23/2008 ACTION BY CLERK - Ms. Ahrendt's Motion to Withdraw is granted and Mark Blumer is substituted as - Granted : 05/23/2008
28 05/23/2008 counsel for the Appellant
29 07/21/2008 DISPOSITION
30 07/21/2008 UNANIMOUS OPINION : Crothers, Daniel John View
31 07/21/2008 Judgment E-Mailed to Parties
32 08/12/2008 MANDATE
33 08/14/2008 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
34 02/13/2019 EXPUNGED - Nonpermanent record items destroyed