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State v. Brossart

Docket No. 20140024
Oral Argument: Wednesday, September 24, 2014 2:45pm

Docket Info

Title
State of North Dakota, Plaintiff and Appellee
v.
Rodney Brossart, Defendant and Appellant
Case Type
CRIMINAL APPEAL : MISC. STATUTORY OFF. (MISDEMEANOR)
Appeal From
Case No. 2011-CR-00049
Northeast Central Judicial District, Nelson County
Joel D. Medd
2015 ND 1858 N.W.2d 275
Oral Argument 9/24/2014

Highlight

The First Amendment precludes states from enacting laws "abridging the freedom of speech," but not all speech is protected, and speech that is a "true threat" may be restricted.
Whether speech constitutes a "threat" is a question of fact for the jury.
An estray is an animal escaped away from the control of its owner, with no knowledge of the animal's location.
A person is required to notify the sheriff or chief brand inspector when the person takes possession of an estray and does not know who owns the estray.
Whether an officer used excessive force in arresting a defendant is a question of fact, and a defendant may raise the issue to the jury and offer his resistance as a justification defense to a preventing-arrest charge.


Briefs

Filing Date Description
04/25/2014 APPELLANT BRIEF View
05/28/2014 APPELLEE BRIEF (PDF) View

Counsel

Party Type Name
APPELLANT PRIVATE PRACTICE Bruce D Quick - 03510
APPELLEE SPEC. ASST. STATE'S ATTY. Cameron D Sillers - 03246
APPELLEE SPEC. ASST. STATE'S ATTY. Quentin Bruce Wenzel - 07237
APPELLANT PRIVATE PRACTICE Mark Allan Friese - 05646

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

Seq. # Filing Date Description Attachment
1 01/27/2014 NOTICE OF APPEAL : 01/24/2014
2 01/27/2014 ORDER FOR TRANSCRIPT : 01/24/2014
3 01/29/2014 Received Amended Notices of Filing the Notice of Appeal
4 01/29/2014 THIS CASE CONSOLIDATED W/20140027. MAKE ALL ENTRIES EXCEPT "DIS" IN THIS CASE.
5 02/24/2014 ELEC. RECORD ON APPEAL DATED February 21, 2014 (ENTRY NOS.1-160)
6 03/04/2014 AMENDED CLERK'S CERTIFICATE OF ELEC. RECORD ON APPEAL DATED March 4, 2014 (ENTRY NOS.1-10, 12-101,
7 03/04/2014 103-125, 129-130, 132, & 137-166) (Not sent were entry nos. 11,102,126-128,131, & 133-136)
8 03/17/2014 TRANSCRIPTS DATED November 5, 2013, November 6, 2013, November 7, 2013, & January 14,2013 & C.O.S.
9 03/17/2014 DISK of tras dated 11-5-13, 11-6-13, 11-7-13, & 1-14-14
10 03/19/2014 MOTION TO STAY EXECUTION OF SENTENCE
11 03/19/2014 E-FILED MOTION
12 03/24/2014 ANNOUNCED DISQUALIFICATION : Kapsner, Carol Ronning
13 03/26/2014 ACTION BY SUPREME COURT - Denied
14 04/02/2014 ELEC. SUPP. RECORD ON APPEAL DATED April 2, 2014 (ENTRY NOS.167-168)
15 04/25/2014 APPELLANT BRIEF View
16 04/25/2014 E-FILED BRIEF
17 04/26/2014 APPELLANT APPENDIX
18 04/26/2014 E-FILED APPENDIX
19 04/28/2014 Received $25.00 surcharge for ATB (Receipt #22757)
20 04/29/2014 Received ATA with corrections (TOC added)
21 05/01/2014 Received surcharge for the ATA (Receipt #22769)
22 05/02/2014 Received 7 copies of ATB from Central Dulicating
23 05/02/2014 Received 6 copies of ATA from Central Duplicating
24 05/28/2014 APPELLEE BRIEF (PDF) View
25 05/28/2014 E-FILED BRIEF
26 05/28/2014 APPELLEE APPENDIX
27 05/28/2014 E-FILED APPENDIX
28 05/29/2014 Received nonsubstantive changes for Appellee's Appendix
29 06/02/2014 Received $60.50 surcharge to AEB & AEA (Receipt #22819)
30 06/02/2014 Received 7 copies of AEB from Central Duplicating
31 06/02/2014 Received 6 copies of AEA from Central Duplicating
32 08/11/2014 NOTICE OF ORAL ARGUMENT SENT
33 08/15/2014 SITTING WITH THE COURT : Goodman, Ronald E.
34 09/24/2014 APPEARANCES: Bruce D. Quick; Mark A. Friese; Cameron D. Sillers; Quentin Wenzel
35 09/24/2014 ARGUED: Mark A. Friese; Cameron D. Sillers
36 09/24/2014 ORAL ARGUMENT WEBCAST
37 09/26/2014 ELEC. 2nd SUPP. RECORD ON APPEAL DATED September 25, 2014 (ENTRY NOS.48 & 126 by U.S. mail; 169)
38 01/12/2015 DISPOSITION (and remanded)
39 01/12/2015 UNANIMOUS OPINION : McEvers, Lisa K. Fair View
40 01/13/2015 Judgment Sent to Parties
41 02/03/2015 MANDATE
42 02/09/2015 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE