|1:30pm||Tuesday, May 8, 2012|
State of North Dakota, ex rel.
Aaron W. Roseland in his capacity
as Adams County State's Attorney, Petitioner
The Honorable William A. Herauf,
in his capacity as Judge of the District
Court, Southwest Judicial District,
and Gwen Bohmbach, Respondents
|Appeal from:||Southwest Judicial District, Adams County, Judge William A. Herauf, 01-2011-CR-00072|
|Nature of Action:||Writ of Supervision (Civil)|
Petitioner's Statement of the Issues:|
Whether the district court misinterpreted N.D.R.Evid. 707 by concluding that it may be invoked to require the State to produce the person who drew blood from a DUI arrestee.
Respondent's Statement of the Issues:
I. Whether a Supervisory Writ is the appropriate course of action in this matter and whether the issue is ripe for review.
II. Whether rule 707 requires the State to produce the Nurse for testimony when the Defendant has requested in writing she be made available.
Generated from Supreme Court Docket on 05/31/2012