State v. Torkelsen
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| 20050250 |
State of North Dakota, Plaintiff and Appellee
v.
Steven Arthur Torkelsen, Defendant and Appellant
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| Appeal from: |
District Court,
Northeast Judicial District,
Towner County
Judge Lee A. Christofferson |
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Nature of Action: |
Homicide
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| Counsel: |
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| Term: |
03/2006 Argument: 03/27/2006 01:30pm
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| ND cite: |
2006 ND 152
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| NW cite: |
718 N.W.2d 22
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| Issues: |
Appellant's Statement of the Issues:
Whether the trial court erred in denying Steven Torkelsen's Motion to Dismiss/Suppress?
Appellee's Statement of the Issues:
1. Whether the Defendant's presence at the scene of a recent homicide, coupled with his unusual behavior and his imminent departure from the area, gave investigators a reasonable basis for stopping the Defendant to inquire about his involvement in
the homicide?
Trial Court held: in the Affirmative.
2. Whether it was within the scope of this investigative stop to transport the Defendant to the Sheriff's office for questioning?
Trial Court held: in the Affirmative.
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| 1 | | 07/27/2005 | |
NOTICE OF APPEAL: 07/26/2005 |
| 2 | | 07/27/2005 | |
ORDER FOR TRANSCRIPT: 07/26/2005 |
| 3 | | 08/11/2005 | |
Acknowledgment of Order for Transcript and RETENTION OF RECORD ON APPEAL: 10/15/2005 |
| 4 | | 09/16/2005 | |
MOT. EXT/TIME TRANSCRIPT w/attachment from Petrilla Reporting (Deborah McLean) |
| 5 | | 09/19/2005 | |
ACTION BY TRIAL COURT. Granted: 09/26/2005 |
| 6 | | 09/27/2005 | |
MOT. EXT/TIME TRANSCRIPT w/attach. from Patrilla Reporting; Cert. of Service of TRA (e-mailed) |
| 7 | | 09/27/2005 | |
ACTION BY CLERK (MAT). Granted: 10/15/2005 |
| 8 | | 09/27/2005 | |
E-FILED MOTION (MTR) |
| 9 | | 09/27/2005 | |
TRANSCRIPTS DATED 2-15-05 (TR1); 4-07-05 (TR2); 5-09-05 (TR3); 5-16-05 (TR4); 5-26-05 (TR5); |
| 10 | | 09/27/2005 | |
6-08-05 (TR6); 6-10-05 (TR7); 6-11-05 (TR8); 7-01-05 (TR9) |
| 11 | | 07/27/2005 | |
Corrected cover for TRA dated 5-26-05 (e-mailed) |
| 12 | | 09/27/2005 | |
DISK (e-mailed) Transcripts dated 2-15-05; 4-07-05; 5-09-05; 5-16-05; 5-26-05; 6-08-05; 6-10-05; |
| 13 | | 09/27/2005 | |
7-01-05 |
| 14 | | 10/17/2005 | |
TRANSCRIPT DATED June 6, 2005 |
| 15 | | 10/19/2005 | |
DISK - TRA (6-6-05) (CD-ROM) |
| 16 | | 10/19/2005 | |
Certificate of Service dated 9-30-05; Corrected Certificate of Service dated 10-17-05;& Cert. of |
| 17 | | 10/19/2005 | |
of Service of 6-6-05 on William Hartl dated 9-30-05 |
| 18 | | 10/24/2005 | |
Certificate of Service dated 10-4-05 on Lonnie Olson from Deborah McLean |
| 19 | | 10/20/2005 | |
RECORD ON APPEAL & Separates |
| 20 | | 11/18/2005 | |
MOT. EXT/TIME APPELLANT BRIEF & Affidavit in Support with Affidavit of Service by Mail |
| 21 | | 11/18/2005 | |
ACTION BY CLERK (MAT). Granted: 12/28/2005 |
| 22 | | 12/23/2005 | |
APPELLANT BRIEF |
| 23 | | 12/23/2005 | |
APPELLANT APPENDIX |
| 24 | | 01/05/2006 | |
Corrected TOC & TOA for ATB |
| 25 | | 01/12/2006 | |
Corrected pages 2, 5, 6, 7, 9, 10, 11, & 12 for ATB |
| 26 | | 01/12/2006 | |
DISK - atb (e-mailed) |
| 27 | | 01/24/2006 | |
APPELLEE BRIEF |
| 28 | | 01/25/2006 | |
DISK - AEB |
| 29 | | 01/30/2006 | |
Letter dated 1-26-06 from David Dusek (Third-yr. law student's name has been redacted from ATB/ATA) |
| 30 | | 02/01/2006 | |
Letter dated 1-30-06 from Steve Torkelson (permission granted for Third-Year Law Student to appear) |
| 31 | | 02/09/2006 | |
REPLY BRIEF |
| 32 | | 02/09/2006 | |
DISK (e-mailed) RYB |
| 33 | | 03/27/2006 | |
APPEARANCES: David D. Dusek, William R. Hartl; Lisa Beckstrom Gibbens |
| 34 | | 03/27/2006 | |
ARGUED: Dusek; Gibbens |
| 35 | | 03/27/2006 | |
ORAL ARGUMENT WEBCAST |
| 36 | | 07/18/2006 | |
DISPOSITION: REVERSED AND REMANDED |
| 37 | | 07/18/2006 | |
SPLIT OPINION: VandeWalle, Gerald W. |
| 38 | | 07/18/2006 | |
(DISSENT): Sandstrom, Dale V.: DISSENT |
| 39 | | 07/19/2006 | |
Order/Judgment Mailed to Parties |
| 40 | | 08/09/2006 | |
MANDATE |
| 41 | | 08/11/2006 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |