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State v. Pederson

Docket No. 20100364
Oral Argument: Monday, April 4, 2011 11:00am

Docket Info

Title
State of North Dakota, Plaintiff and Appellee
v.
Kyle Steven Pederson, Defendant and Appellant
Case Type
CRIMINAL APPEAL : THEFT
Appeal From
Case No. 09-K-02915
Northeast Central Judicial District, Grand Forks County
Lawrence E. Jahnke
2011 ND 155801 N.W.2d 723
Oral Argument 4/4/2011

Highlight

When police have probable cause to arrest a suspect, the exclusionary rule does not bar the prosecution's use of a statement made by the defendant outside of his home, even though the statement is taken after an arrest made in the home and police unlawfully entered the home.
During an interrogation, a suspect must unambiguously invoke his right to counsel to stop the interrogation.


Briefs

Filing Date Description
01/31/2011 APPELLANT BRIEF (e-file) View
03/02/2011 APPELLEE BRIEF (e-filed) PDF View

Counsel

Party Type Name
APPELLEE ASST. STATE'S ATTORNEY David Thomas Jones - 03581
APPELLANT COURT APPOINTED Blake Dylan Hankey - 06094
APPELLEE ASST. STATE'S ATTORNEY Haley Lorelle Wamstad - 06171

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

Seq. # Filing Date Description Attachment
1 11/08/2010 NOTICE OF APPEAL : 11/02/2010
2 11/08/2010 ORDER FOR TRANSCRIPT : 11/02/2010
3 11/12/2010 Received corrected Notice of Filing the Notice of Appeal from the trial court.
4 12/13/2010 RECORD ON APPEAL (Electronic)
5 12/20/2010 TRANSCRIPT DATED June 24, 2010 & C.O.S.
6 12/20/2010 DISK - tra (6/24/10) (e-mailed)
7 01/31/2011 APPELLANT BRIEF (e-file) View
8 01/31/2011 E-FILED BRIEF (ATB)
9 01/31/2011 APPELLANT APPENDIX (e-file)
10 01/31/2011 E-FILED APPENDIX (ATA)
11 02/10/2011 Rec'd 7 copies of ATB back from Central Duplicating.
12 02/10/2011 Rec'd 6 copies back from Central Duplicating.
13 03/01/2011 E-filing surcharge for ATB paid 2-10-11 through inter-departmental billing
14 03/02/2011 APPELLEE BRIEF (e-filed) PDF View
15 03/02/2011 E-FILED BRIEF (AEB) PDF
16 03/03/2011 Received correction to AEB.
17 03/04/2011 Received 7 copies of AEB from Central Duplicating.
18 03/04/2011 Received $25 e-filing surcharge for AEB (Receipt #20205).
19 03/04/2011 Received written consent of Peter D. Welte for 3rd year Abby Siewert.
20 03/21/2011 NOTICE OF ORAL ARGUMENT SENT
21 04/04/2011 APPEARANCES: Blake D. Hankey & Kelsy Gentzkow, 3rd year law student; Haley L. Wamstad,
22 04/04/2011 Asst. State's Attorney & Abby Siewert, 3rd Year Law Student
23 04/04/2011 ARGUED: Hankey; Siewert,3rd Year Law Student
24 04/04/2011 ORAL ARGUMENT WEBCAST
25 08/18/2011 DISPOSITION
26 08/18/2011 SPLIT OPINION : VandeWalle, Gerald W. View
27 08/18/2011 (CONCUR IN THE RESULT) : Maring, Mary Muehlen
28 08/18/2011 (JOINED CONCURRING IN THE RESULT) : Kapsner, Carol Ronning
29 08/19/2011 Judgment Sent to Parties
30 09/09/2011 MANDATE
31 09/13/2011 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE