State v. Hawkins
Docket No. 20160354
Oral Argument:
Tuesday, March 14, 2017 1:30 PM
Docket Info
- Title
- State of North Dakota, Plaintiff and Appellant
v.
John William Hawkins, Defendant - Case Type
- CRIMINAL APPEAL : DUI/DUS
- Appeal From
-
Case No. 2016-CR-00154
Northwest Judicial District, McKenzie County
Daniel Saleh El-Dweek
2017 ND 172898 N.W.2d 446
Oral Argument
3/14/2017
Highlight
A district court's decision on a motion to suppress evidence will be affirmed unless the decision is not supported by sufficient competent evidence, or unless the decision is against the manifest weight of the evidence.
Consent is an exception to the warrant requirement.
The voluntariness of consent is a finding of fact determined under the totality of the circumstances.
Briefs
| Filing Date | Description | |
|---|---|---|
| 01/09/2017 | APPELLANT BRIEF (PDF) | View |
Counsel
| Party | Type | Name |
|---|---|---|
| APPELLANT | ASST. STATE'S ATTORNEY | Charles Burke Neff - 06406 |
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
| Seq. # | Filing Date | Description | Attachment |
|---|---|---|---|
| 1 | 10/20/2016 | NOTICE OF APPEAL : 10/20/2016 | |
| 2 | 10/20/2016 | ORDER FOR TRANSCRIPT : 10/24/2016 | |
| 3 | 10/20/2016 | Statement of Prosecuting Attorney | |
| 4 | 10/21/2016 | NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV. | |
| 5 | 10/21/2016 | Notice served on Charles Neff Jr. & Tom Tuntland | |
| 6 | 10/27/2016 | MOTION to Withdraw as attorney for appellee | |
| 7 | 10/27/2016 | E-FILED MOTION | |
| 8 | 10/27/2016 | ACTION BY SUPREME COURT - Granted | |
| 9 | 11/16/2016 | ELEC. RECORD ON APPEAL DATED NOVEMBER 15, 2016 (ENTRY NOS. 1-15, 17-29, 31-43, 45-59) | |
| 10 | 11/16/2016 | NOT SENT: 16, 30, 44 | |
| 11 | 11/30/2016 | ELECTRONIC TRANSCRIPTS DATED MAY 11, 2016, AUGUST 31, 2016, & C.O.S. | |
| 12 | 12/01/2016 | Received C.O.S. of transcripts served on John Hawkins | |
| 13 | 01/09/2017 | APPELLANT BRIEF (PDF) | View |
| 14 | 01/09/2017 | E-FILED BRIEF | |
| 15 | 01/09/2017 | APPELLANT APPENDIX | |
| 16 | 01/09/2017 | E-FILED APPENDIX | |
| 17 | 01/13/2017 | Received non-substantive corrections to ATA & ATA (title & conculsion) | |
| 18 | 01/17/2017 | Received $25 ATB e-filing surcharge (Receipt #25021) | |
| 19 | 01/18/2017 | Received 7 copies of ATB from Central Duplicating | |
| 20 | 01/18/2017 | Received 6 copies of ATA from Central Duplicating | |
| 21 | 02/23/2017 | NO APPELLEE'S BRIEF FILED | |
| 22 | 02/23/2017 | NOTICE OF ORAL ARGUMENT SENT | |
| 23 | 03/07/2017 | ELEC. SUPP. RECORD ON APPEAL DATED MARCH 6, 2017 (ENTRY NOS.16, 44, 60-67) | |
| 24 | 03/09/2017 | Received CD's via U.S. Mail (Entry No. 16 & 44) | |
| 25 | 03/14/2017 | APPEARANCES: Charles B. Neff; no brief filed by Appellee | |
| 26 | 03/14/2017 | ARGUED: Charles B. Neff | |
| 27 | 03/14/2017 | ORAL ARGUMENT WEBCAST | |
| 28 | 07/12/2017 | 2ND ELEC. SUPP. RECORD ON APPEAL DATED JULY 11, 2017 (ENTRY NOS. 68-72) | |
| 29 | 07/12/2017 | DISPOSITION | |
| 30 | 07/12/2017 | SPLIT OPINION : Kapsner, Carol Ronning | View |
| 31 | 07/12/2017 | DISSENT : McEvers, Lisa K. Fair | |
| 32 | 07/12/2017 | DISSENT/JOIN : VandeWalle, Gerald W. | |
| 33 | 07/13/2017 | Judgment Sent to Parties | |
| 34 | 08/09/2017 | MANDATE | |
| 35 | 08/11/2017 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE | |
| 36 | 08/15/2022 | EXPUNGED - Nonpermanent record items destroyed |