City of Devils Lake v. Lawrence
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| 20010063 |
City of Devils Lake, Plaintiff and Appellant
v.
Darrell Lawrence, Defendant and Appellee
|
| Appeal from: |
District Court,
Northeast Judicial District,
Ramsey County
Judge Donovan John Foughty |
|
Nature of Action: |
Dui/Dus
|
| Counsel: |
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| Term: |
12/2001 Argument: 12/17/2001 04:00pm
|
| ND cite: |
2002 ND 31
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| NW cite: |
639 N.W.2d 466
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| Issues: |
Appellant's Statement of the Issues:
I. Whether the district court erred in concluding the "only" reasonable inference to be drawn from what the police officers heard and observed was that one or both of the individuals in the vehicle leaving the parking lot were involved in an argument
where officers responded to a report of a "fight about to happen," were notified the occupants in Lawrence's vehicle were involved in the incident, and Lawrence's vehicle was observed leaving the scene after the arrival of one of the two police
officers.
II. Whether the district court erred in settling on one possible definition of "fight," to the exclusion of all others, and by reaching a broadly-termed legal conclusion that "arguing is not a crime" where fighting or violent, tumultuous or
threatening behavior is expressly proscribed by criminal statute.
III. Whether the district court erred in applying a reasonable and articulable suspicion standard requiring actual criminal activity where there was evidence of potential criminal activity.
IV. Whether the district court erred in concluding the underlying facts did not meet the reasonable and articulable suspicion standard where officers responded to a report of a "fight about to happen," were notified the occupants in Lawrence's
vehicle were involved in the incident, and Lawrence's vehicle was observed leaving the scene after the arrival of one of the two police officers.
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 Add Docket 20010063 RSS
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| 1 | | 03/09/2001 | |
NOTICE OF APPEAL: 03/08/2001 |
| 2 | | 03/12/2001 | |
ORDER FOR TRANSCRIPT: 03/09/2001 |
| 3 | | 04/03/2001 | |
RECORD ON APPEAL and exhibits. Not sent with the record was No. 15 of the Municipal Court Clerk's |
| 4 | | 04/03/2001 | |
Certificate of Transfer on Appeal (Affidavit of Service by Mail) |
| 5 | | 04/03/2001 | |
TRANSCRIPT DATED February 9, 2001 |
| 6 | | 04/04/2001 | |
DISK - TRA of Feb 9, 2001 |
| 7 | | 05/02/2001 | |
MOTION FOR REMAND & BRIEF IN SUPPORT W/ATTACHMENTS |
| 8 | | 05/04/2001 | |
ACTION BY CHIEF JUSTICE (Motion for Remand). Granted |
| 9 | | 05/04/2001 | |
ORDER OF REMAND |
| 10 | | 05/04/2001 | |
Request to Stay Briefing Schedule (Part of Motion for Remand) |
| 11 | | 05/04/2001 | |
ACTION BY CHIEF JUSTICE (Stay of Briefing Schedule). Granted |
| 12 | | 05/04/2001 | |
Order of Remand Mailed to Parties |
| 13 | | 06/08/2001 | |
Refiled RECORD ON APPEAL, Exhibits, & original Transcript dated 2-9-01(not recd were #15 of |
| 14 | | 06/08/2001 | |
Municipal Court Clerk's Certificate of Transfer on Appeal dated 1-18-01 (Affidavit of Mailing) |
| 15 | | 06/08/2001 | |
and #10 of Municipal Court Clerk's Certificate of Transfer dated 6-6-01 (Criminal Case #01-K-69 -- |
| 16 | | 06/08/2001 | |
City of Devils Lake v. Darrell Lawrence) |
| 17 | | 06/19/2001 | |
RETURN OF ROA, original Transcript dated 2-9-01, & Separate #27 TO DIST. CT.: 09/29/2001 |
| 18 | | 08/31/2001 | |
AMENDED NOTICE OF APPEAL FILED IN THE TRIAL COURT ON AUGUST 30, 2001 |
| 19 | | 08/31/2001 | |
AMENDED ORDER FOR TRANSCRIPT: 08/31/2001 |
| 20 | | 09/07/2001 | |
TRANSCRIPTS DATED 7-23-01; 7-30-01; & 8-27-01 (3 vols) |
| 21 | | 09/12/2001 | |
DISK - TRA (7-23-01, 7-30-01, & 8-27-01) |
| 22 | | 09/12/2001 | |
Refiled RECORD ON APPEAL, Exhibits, & original Transcript dated 2-9-01 (Not rec'd: #15 of |
| 23 | | 09/12/2001 | |
Municipal Court Clerk's Certificate of Transfer on Appeal dated 1-18-01 (Affidavit of Mailing) |
| 24 | | 09/12/2001 | |
and #10 of Municipal Court Clerk's Certificate of Transfer dated 6-6-01 (Criminal Case #01-K-69-- |
| 25 | | 09/12/2001 | |
City of Devils Lake v. Darrell Lawrence) |
| 26 | | 10/17/2001 | |
APPELLANT BRIEF |
| 27 | | 10/17/2001 | |
APPELLANT APPENDIX |
| 28 | | 10/18/2001 | |
DISK - ATB |
| 29 | | 10/23/2001 | |
Copies of Table of Contents for ATA - inserted |
| 30 | | 12/12/2001 | |
MOTION TO WAIVE ORAL ARGUMENT (Letter form) on behalf of Appellant City of Devils Lake (Faxed Copy) |
| 31 | | 12/12/2001 | |
ACTION BY SUPREME COURT (waiver of OA). Granted |
| 32 | | 12/13/2001 | |
Original of Motion to waive oral argument letter |
| 33 | | 12/17/2001 | |
APPEARANCES: submitted on brief |
| 34 | | 12/17/2001 | |
ARGUED: submitted on brief (Vol. X; Page 187) |
| 35 | | 02/20/2002 | |
DISPOSITION: REVERSED AND REMANDED |
| 36 | | 02/20/2002 | |
UNANIMOUS OPINION: Sandstrom, Dale V. |
| 37 | | 02/21/2002 | |
Order/Judgment Mailed to Parties |
| 38 | | 03/14/2002 | |
MANDATE |
| 39 | | 03/18/2002 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 40 | | 08/09/2007 | |
EXPUNGED - Nonpermanent record items destroyed |