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State v. Casatelli

Docket No. 20200096
Oral Argument: Monday, September 21, 2020 1:30 PM

Docket Info

Title
State of North Dakota, Plaintiff and Appellee
v.
Garett James Casatelli, Defendant and Appellant
Case Type
CRIMINAL APPEAL : DUI/DUS
Appeal From
Case No. 2019-CR-03103
South Central Judicial District, Burleigh County
Gail Hagerty
Oral Argument 9/21/2020

Parties' Statement of Issues

  • Appellant

    Casatelli was seized in violation of the Fourth Amendment, applicable to the states through the Fourteenth amendment, as well as even greater protection provided under Article I, Section 8 of the North Dakota State Constitution, when he was seized from a constitutionally protected area.

  • Appellee 1

    Whether the district court erred in denying Casatelli's motion to suppress.


Summary

Garett Casatelli appeals from a corrected criminal judgment after he entered a conditional guilty plea, reserving his right to appeal the district court’s denial of his motion to suppress.

In October 2019, the State charged Casatelli with being in actual physical control of a motor vehicle with a blood alcohol concentration of sixteen one-hundredths of one percent by weight or greater, a class B misdemeanor. Casatelli moved the district court to suppress evidence, contending Burleigh County deputies gained evidence after seizing him from a constitutionally protected area. The State opposed the motion. In January 2020, the court held an evidentiary hearing at which the two deputies and Casatelli testified. The court subsequently denied his motion to suppress. Casatelli entered a conditional guilty plea to an amended charge of being in actual physical control of a motor vehicle with a blood alcohol concentration of eight one-hundredths of one percent by weight or greater. A corrected criminal judgment was entered in March 2020.

On appeal, Casatelli argues the district court erred in denying his motion to suppress evidence because he was seized in violation of the Fourth Amendment, as well as greater protection provided under the state constitution, when he was seized from a constitutionally protected area.


Briefs

Filing Date Description
06/08/2020 APPELLANT BRIEF View
07/07/2020 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLANT PRIVATE PRACTICE Chad Rory McCabe - 05474
APPELLEE ASST. STATE'S ATTORNEY Dennis H. Ingold - 06950

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

Seq. # Filing Date Description Attachment
1 03/20/2020 NOTICE OF APPEAL : 03/20/2020
2 03/20/2020 ORDER FOR TRANSCRIPT : 03/24/2020
3 03/24/2020 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
4 03/24/2020 Notice Served on Chad R. McCabe and Dennis H. Ingold
5 04/06/2020 ELECTRONIC TRANSCRIPT DATED JANUARY 7, 2020
6 04/06/2020 CERTIFICATE OF SERVICE
7 04/21/2020 ELEC. RECORD ON APPEAL DATED APRIL 20, 2020 (ENTRY NOS.1 - 53)
8 05/15/2020 MOT. EXT/TIME APPELLANT BRIEF
9 05/15/2020 ACTION BY CLERK - Granted : 06/08/2020
10 06/08/2020 APPELLANT BRIEF View
11 06/08/2020 APPELLANT APPENDIX
12 06/08/2020 Oral Argument Request by Appellant
13 06/12/2020 Rec'd 5 copies of ATB & 4 copies of ATA from CSD
14 07/07/2020 APPELLEE BRIEF View
15 07/10/2020 Rec'd 5 copies of AEB back from CSD
16 07/20/2020 Rec'd written consent of Dennis Ingold for Jamie Schaible, 3rd Year Law Student
17 08/13/2020 NOTICE OF ORAL ARGUMENT SENT
18 09/21/2020 APPEARANCES: Chad R. McCabe; Dennis H. Ingold
19 09/21/2020 ARGUED: Chad R. McCabe; Dennis H. Ingold
20 09/21/2020 ORAL ARGUMENT WEBCAST