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State v. Fuglesten

Docket No. 20230299
Oral Argument: Tuesday, March 26, 2024 11:00 AM

Docket Info

Title
State of North Dakota, Plaintiff and Appellee
v.
Michael Todd Fuglesten, Defendant and Appellant
Case Type
CRIMINAL APPEAL : DUI/DUS
Appeal From
Case No. 2023-CR-00358
Northeast Central Judicial District, Grand Forks County
M. Jason McCarthy

Parties' Statement of Issues

  • Appellant

    Law enforcement made an illegal warrantless entry into Mr. Fuglesten's home and illegally seized him therein. The illegal entry, search, and seizure within Fuglesten's home violated the Fourth Amendment to the United States Constitution and Article I, Section 8 of the North Dakota Constitution. Consequently, all evidence acquired from these violations should have been suppressed.

  • Appellee 1

    The district court properly found that the officer’s warrantless entry into Fuglesten’s garage was permissible based on the facts and circumstances
    of the case.


Briefs

Filing Date Description
01/02/2024 APPELLANT BRIEF View
01/31/2024 APPELLEE BRIEF View
02/13/2024 REPLY BRIEF View

Counsel

Party Type Name
APPELLANT PRIVATE PRACTICE Danny Lee Herbel - 05769
APPELLEE ASST. STATE'S ATTORNEY Andrew C. Eyre - 07121

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

Seq. # Filing Date Description Attachment
1 09/07/2023 NOTICE OF APPEAL : 09/07/2023 View
2 09/07/2023 ORDER FOR TRANSCRIPT : 09/07/2023 View
3 09/07/2023 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV. View
4 09/07/2023 Notice served on Danny L. Herbel & Andrew C. Eyre
5 10/06/2023 ELEC. RECORD ON APPEAL DATED OCTOBER 5, 2023 (ENTRY NOS. 1-53)(NOT SENT: 35 & 36) View
6 10/13/2023 All Transcripts Filed in Record
7 10/18/2023 1ST ELEC. SUPP. RECORD ON APPEAL DATED OCTOBER 17, 2023 (ENTRY NOS. 54-56) View
8 11/17/2023 MOT. EXT/TIME APPELLANT BRIEF View
9 11/17/2023 Response Filed View
10 11/17/2023 ACTION BY CLERK - Granted : 12/22/2023
11 12/05/2023 AMENDED NOTICE OF APPEAL View
12 12/05/2023 NOT. OF FILING AMENDED NOT. OF APPEAL AND PROOF OF SERV. View
13 12/05/2023 Notice served on Danny L. Herbel & Andrew C. Eyre
14 12/19/2023 MOT. EXT/TIME APPELLANT BRIEF View
15 12/20/2023 ACTION BY CHIEF JUSTICE - Granted : 01/02/2024
16 01/02/2024 APPELLANT BRIEF View
17 01/02/2024 Oral Argument Request by Appellant
18 01/03/2024 Rec'd 3 copies of ATB back from Central Duplicating
19 01/05/2024 2ND ELEC. SUPP. RECORD ON APPEAL DATED JANUARY 4, 2024(ENTRY NOS.57-65 ) View
20 01/21/2024 SECOND NOTICE OF APPEAL View
21 01/22/2024 3RD ELEC. SUPP. RECORD ON APPEAL DATED JANUARY 19, 2024 (ENTRY NOS. 66-67) View
22 01/23/2024 NOT. OF FILING SECOND NOT. OF APPEAL AND PROOF OF SERV. View
23 01/23/2024 Notice served on Danny L. Herbel & Andrew C. Eyre
24 01/25/2024 4TH ELEC. SUPP. RECORD ON APPEAL DATED JANUARY 24, 2024 (ENTRY NOS. 68-71) View
25 01/31/2024 APPELLEE BRIEF View
26 01/31/2024 Oral Argument Request by Appellee
27 01/31/2024 Consent of Andrew C. Eyre for Heather Misialek, law student was received View
28 02/01/2024 Rec'd corrections to AEB
29 02/02/2024 Rec'd 3 copies of AEB from CSD
30 02/13/2024 REPLY BRIEF View
31 02/14/2024 Rec'd 3 copies of RYB from CSD
32 02/22/2024 NOTICE OF ORAL ARGUMENT SENT