State, ex rel. Roseland v. Herauf

1:30pm

Tuesday, May 8, 2012

20120170

State of North Dakota, ex rel.
Aaron W. Roseland in his capacity
as Adams County State's Attorney, Petitioner
v.
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)

Counsel:

Petitioner:		Aaron William Roseland , State's Attorney
Respondent:		William Anton Herauf
Respondent:		Ashley Erin Holmes
Amicus curiae:		Nicholas Dwight Thornton

Issues:

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.

Briefs:

Case Summary
Amicus Curiae Brief
Petitioner Brief

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Generated from Supreme Court Docket on 05/31/2012