State v. Black
Docket Info
- Title
- State of North Dakota, Plaintiff and Appellee
v.
James Scott Black, Defendant and Appellant - Case Type
- CRIMINAL APPEAL : MISC. STATUTORY OFFENSE (FELONY)
- Appeal From
-
Case No. 2016-CR-224
Northeast Judicial District, Pembina County
Laurie A. Fontaine
Highlight
When reviewing a district court’s finding of exigent circumstances, the findings of fact are reviewed giving due weight to the inferences drawn from those facts by judges and law enforcement. A de novo review is applied to the ultimate determination of whether the facts constitute exigent circumstances.
Issues which are not raised before the district court, including constitutional issues, will not be considered for the first time on appeal.
Probable cause to search exists if the facts and circumstances relied on by the magistrate would warrant a person of reasonable caution to believe the contraband or evidence sought probably will be found in the place to be searched.
When a defendant alleges false or misleading statements have been made in the application for a search warrant, the issue is addressed under the standard set forth in Franks v. Delaware, 438 U.S. 154 (1978).
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
| Seq. # | Filing Date | Description | Attachment |
|---|---|---|---|
| 1 | 09/22/2020 | NOTICE OF APPEAL : 09/22/2020 | |
| 2 | 09/22/2020 | ORDER FOR TRANSCRIPT : 09/22/2020 | |
| 3 | 09/22/2020 | NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV. | |
| 4 | 09/22/2020 | Notice Served on Kiara C. Kraus-Parr and Rebecca L. Flanders | |
| 5 | 10/16/2020 | MOTION FOR STAY OF SENTENCE (response due by 4:00 pm) - RspDue : 10/23/2020 | |
| 6 | 10/20/2020 | ELEC. RECORD ON APPEAL DATED OCTOBER 19, 2020 (ENTRY NOS.1-136) | |
| 7 | 10/23/2020 | MOTION FOR EXTENSION OF TIME TO RESPOND TO MOTION FOR STAY | |
| 8 | 10/23/2020 | Response Filed to Motion for Extension | |
| 9 | 10/23/2020 | Response Filed to Motion for Stay | |
| 10 | 10/24/2020 | ACTION BY CHIEF JUSTICE (response due by 4 pm) - Granted : 10/27/2020 | |
| 11 | 10/26/2020 | Letter from Appellee Regarding Motion for Stay response | |
| 12 | 10/28/2020 | ACTION BY SUPREME COURT - Denied | |
| 13 | 11/10/2020 | ELECTRONIC TRANSCRIPT DATED AUGUST 31, 2020 | |
| 14 | 11/10/2020 | TRANSCRIPT C.O.S. | |
| 15 | 11/10/2020 | Second Order for Transcript (Appellee) (transmitted to CR 11/12/20) | |
| 16 | 11/19/2020 | ELECTRONIC TRANSCRIPT DATED JUNE 4, 2015 | |
| 17 | 11/19/2020 | ELECTRONIC TRANSCRIPT DATED MAY 6, 2019 | |
| 18 | 11/19/2020 | ELECTRONIC TRANSCRIPT DATED OCTOBER 17, 2019 | |
| 19 | 11/19/2020 | ELECTRONIC TRANSCRIPT DATED OCTOBER 28, 2019 | |
| 20 | 11/19/2020 | TRANSCRIPT'S C.O.S. | |
| 21 | 12/29/2020 | APPELLANT BRIEF | View |
| 22 | 12/29/2020 | Oral Argument Request by Appellant | |
| 23 | 12/29/2020 | APPELLANT APPENDIX | |
| 24 | 12/30/2020 | Rec'd non-substantive corrections to ATB | |
| 25 | 01/04/2021 | Rec'd 5 copies of ATB and 4 copies of ATA back from CD | |
| 26 | 01/12/2021 | ELECTRONIC TRANSCRIPT DATED APRIL 10, 2019 | |
| 27 | 01/12/2021 | TRANSCRIPT CERTIFICATE OF SERVICE | |
| 28 | 01/27/2021 | MOT. EXT/TIME APPELLEE BRIEF | |
| 29 | 01/27/2021 | ACTION BY CLERK - Granted : 02/10/2021 | |
| 30 | 02/10/2021 | APPELLEE BRIEF | View |
| 31 | 02/10/2021 | APPELLEE APPENDIX | |
| 32 | 02/11/2021 | ELEC. SUPP. RECORD ON APPEAL DATED FEBRUARY 10, 2021 (ENTRY NOS.137-142 ) | |
| 33 | 02/12/2021 | Rec'd non-substantive corrections to AEB (page numbering) | |
| 34 | 02/16/2021 | Rec'd 5 copies of AEB from CSD | |
| 35 | 02/16/2021 | Rec'd 4 copies of AEA from CSD | |
| 36 | 02/17/2021 | NOTICE OF ORAL ARGUMENT SENT | |
| 37 | 03/29/2021 | APPEARANCES: Kiara C. Kraus-Parr/Rebecca L. Flanders | |
| 38 | 03/29/2021 | ARGUED: Kiara C. Kraus-Parr/Rebecca L. Flanders | |
| 39 | 03/29/2021 | ORAL ARGUMENT WEBCAST | |
| 40 | 06/03/2021 | DISPOSITION | |
| 41 | 06/03/2021 | UNANIMOUS OPINION : Jensen, Jon J. | View |
| 42 | 06/03/2021 | Judgment | |
| 43 | 06/25/2021 | MANDATE |