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McCoy v. N.D. Dep't of Transportation

Docket No. 20130300
Oral Argument: Friday, January 17, 2014 9:30am

Docket Info

Title
Ronald Dale McCoy, Petitioner and Appellant
v.
North Dakota Department
of Transportation, Defendant and Appellee
Case Type
CIVIL APPEAL : TRANSPORTATION DEPT.
Appeal From
Case No. 2013-CV-00349
Southwest Judicial District, Stark County
Dann Edward Greenwood
2014 ND 119848 N.W.2d 659
Oral Argument 1/17/2014

Highlight

A law enforcement officer's administration of a breath test to determine alcohol consumption is a search.
Consent is one recognized exception to the warrant requirement. To be effective, consent must be voluntarily given under the totality of the circumstances and must not be coerced by explicit or implicit means or by implied threat or covert force.
Absent authority and a reasoned analysis to support it, the mere assertion of a statute's unconstitutionality is insufficient to adequately raise a constitutional question.
A party pursuing a constitutional claim must make a strong case supported by both fact and law or forego the claim.

Briefs

Filing Date Description
11/12/2013 APPELLANT BRIEF View
12/11/2013 APPELLEE BRIEF View
12/30/2013 REPLY BRIEF View

Counsel

Party Type Name
APPELLEE ATT. GENERAL OFFICE Michael Trent Pitcher - 06369
APPELLANT PRIVATE PRACTICE Thomas F. Murtha - 06984

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

Seq. # Filing Date Description Attachment
1 10/01/2013 NOTICE OF APPEAL : 09/30/2013
2 10/02/2013 DISK-ADM. TRANSCRIPT DATED 4/18/13 (e-mailed)
3 10/29/2013 ELEC. RECORD ON APPEAL DATED October 28, 2013 (ENTRY NOS. 1 - 40)
4 11/12/2013 APPELLANT BRIEF View
5 11/12/2013 E-FILED BRIEF
6 11/12/2013 APPELLANT APPENDIX
7 11/12/2013 E-FILED APPENDIX
8 11/18/2013 Received $25 surcharge for ATB (receipt #22333)
9 11/14/2013 Received non-substantive changes to ATB (formatting of paragraph 23)
10 11/25/2013 Received 7 copies of ATB and 6 copies of ATA from CSD
11 12/11/2013 APPELLEE BRIEF View
12 12/11/2013 DISK(AEB)(e-mailed)
13 12/17/2013 NOTICE OF ORAL ARGUMENT SENT
14 12/30/2013 REPLY BRIEF View
15 12/30/2013 E-FILED BRIEF
16 12/31/2013 Received 7 copies of RYB from CDS
17 01/17/2014 APPEARANCES: Thomas F. Murtha; Michael T. Pitcher
18 01/17/2014 ARGUED: Thomas F. Murtha; Michael T. Pitcher
19 01/17/2014 ORAL ARGUMENT WEBCAST
20 06/24/2014 DISPOSITION
21 06/24/2014 UNANIMOUS OPINION : Crothers, Daniel John View
22 06/24/2014 Costs on appeal taxed in favor of Appellee
23 06/25/2014 Judgment Sent to Parties
24 07/08/2014 PETITION FOR REHEARING View
25 07/08/2014 E-FILED BRIEF (e-mailed)
26 07/10/2014 Received 10 copies of PER from Central Duplicating
27 07/17/2014 Denied Petition for Rehearing - Denied
28 07/29/2014 MANDATE
29 12/30/2021 EXPUNGED - Nonpermanent record items destroyed