Martinson v. N.D. Dep't of Transportation
Docket No. 20170175
Oral Argument:
Tuesday, September 12, 2017 1:30 PM
Docket Info
- Title
- Phillip Galen Martinson, Appellant
v.
Grant Levi, Director, North Dakota
Department of Transportation, Appellee - Case Type
- CIVIL APPEAL : TRANSPORTATION DEPT.
- Appeal From
-
Case No. 2016-CV-01128
North Central Judicial District, Ward County
Stacy Joan Louser
2017 ND 264903 N.W.2d 286
Oral Argument
9/12/2017
Highlight
Absent a showing of authority, threat, or demand, an officer calling out and running up ahead of person to get their attention does not constitute a seizure implicating the Fourth Amendment.
Under N.D.C.C. § 39-08-01, whether a driveway is a private area to which the public has a right to access is a question of fact. A fact-finder could reasonably conclude the driveway at issue, although private, was an area "to which the public has a right of access for vehicular use."
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
Seq. # | Filing Date | Description | Attachment |
---|---|---|---|
1 | 05/08/2017 | NOTICE OF APPEAL : 05/08/2017 | |
2 | 05/08/2017 | NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV. | |
3 | 05/10/2017 | Rec'd $125 filing fee (receipt #25240) | |
4 | 05/10/2017 | Notice served on Luke T. Heck and Michael T. Pitcher | |
5 | 06/01/2017 | DISK - Administrative Transcript dated June 29, 2016 | |
6 | 06/07/2017 | ELEC. RECORD ON APPEAL DATED JUNE 6, 2017 (ENTRY NOS.1-42) | |
7 | 06/16/2017 | APPELLANT BRIEF (PDF) | View |
8 | 06/16/2017 | E-FILED BRIEF (PDF) | |
9 | 06/16/2017 | APPELLANT APPENDIX | |
10 | 06/16/2017 | E-FILED APPENDIX | |
11 | 06/19/2017 | Rec'd $25 e-filing surcharge for ATB (receipt #25315) | |
12 | 06/19/2017 | Rec'd 6 copies of ATB and 6 copies of ATA from Central Duplicating | |
13 | 07/14/2017 | APPELLEE BRIEF | View |
14 | 07/14/2017 | DISK (AEB) (e-mailed) | |
15 | 07/28/2017 | REPLY BRIEF (PDF) | View |
16 | 07/28/2017 | E-FILED BRIEF (PDF) | |
17 | 07/28/2017 | Rec'd 6 copies of RYB from Central Duplicating | |
18 | 08/11/2017 | NOTICE OF ORAL ARGUMENT SENT | |
19 | 09/12/2017 | APPEARANCES: Luke Heck/Michael Pitcher | |
20 | 09/12/2017 | ARGUED: Heck/Pitcher | |
21 | 09/12/2017 | ORAL ARGUMENT WEBCAST | |
22 | 11/16/2017 | DISPOSITION | |
23 | 11/16/2017 | UNANIMOUS OPINION : VandeWalle, Gerald W. | View |
24 | 11/16/2017 | Costs on appeal taxed in favor of Appellee | |
25 | 11/17/2017 | Judgment Sent to Parties | |
26 | 12/15/2017 | MANDATE | |
27 | 12/06/2022 | EXPUNGED - Nonpermanent record items destroyed |