State v. Lynch
|
| 20010037 |
State of North Dakota, Plaintiff and Appellee
v.
Rodney Lee Lynch, Defendant and Appellant
|
| Appeal from: |
District Court,
Northwest Judicial District,
Ward County
Judge Glenn Dill III |
|
Nature of Action: |
Dui/Dus
|
| Counsel: |
|
| Term: |
09/2001 Argument: 09/10/2001 09:30am
|
| ND cite: |
2001 ND 173
|
| NW cite: |
635 N.W.2d 164
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
|
|
|
| Issues: |
Appellant's Statement of the Issues:
There was an improper foundation to admit the analytical report of the blood alcohol concentration as the state failed to produce a list of persons qualified to draw blood as is required by N.D.C.C. 39-20-02.
Appellee's Statement of the Issues:
I. The trial court did not err in admitting into evidence the report of blood test results.
A. NDCC 39-20-07, governs the admissibility of blood test results.
B. Admission or exclusion of evidence on the basis that it lacks adequate foundation is a determination that lies within the sound discretion of the Trial Court.
II. The judgement of conviction should not be reversed nor should the defendant be given a new trial.
|
|
 Add Docket 20010037 RSS
|
| 1 | | 02/05/2001 | |
NOTICE OF APPEAL: 02/01/2001 |
| 2 | | 02/05/2001 | |
ORDER FOR TRANSCRIPT (Sandra Ostrom): 02/01/2001 |
| 3 | | 03/05/2001 | |
RECORD ON APPEAL (with separates 18, 19, 20) |
| 4 | | 03/21/2001 | |
TRANSCRIPT DATED January 31, 2001 |
| 5 | | 03/22/2001 | |
DISK - TRA (1/31/01) |
| 6 | | 05/01/2001 | |
MOT. EXT/TIME APPELLANT BRIEF; Affidavit in Support |
| 7 | | 05/01/2001 | |
ACTION BY CLERK (counsel notified that OA will now be delayed to Sept. or Oct). Granted: 05/15/2001 |
| 8 | | 05/16/2001 | |
MOT. EXT/TIME APPELLANT BRIEF & Aff. in Support |
| 9 | | 05/17/2001 | |
ACTION BY CLERK (OA delayed to Sep or Oct). Granted: 05/25/2001 |
| 10 | | 05/29/2001 | |
MOT. EXT/TIME APPELLANT BRIEF |
| 11 | | 05/29/2001 | |
ACTION BY CHIEF JUSTICE (MAT). Granted: 06/01/2001 |
| 12 | | 06/01/2001 | |
APPELLANT BRIEF |
| 13 | | 06/01/2001 | |
APPELLANT APPENDIX |
| 14 | | 06/04/2001 | |
DISK - ATB |
| 15 | | 06/29/2001 | |
APPELLEE BRIEF |
| 16 | | 07/05/2001 | |
Corrected TOA & page 8 for AEB |
| 17 | | 07/05/2001 | |
DISK - AEB |
| 18 | | 09/10/2001 | |
APPEARANCES: Thomas K. Schoppert; Rozanna C. Larson |
| 19 | | 09/10/2001 | |
ARGUED: Schoppert; Larson (Vol. X; Page 152) |
| 20 | | 09/10/2001 | |
ORAL ARGUMENT WEBCAST |
| 21 | | 11/02/2001 | |
DISPOSITION: REVERSED AND REMANDED |
| 22 | | 11/02/2001 | |
UNANIMOUS OPINION: Neumann, William A. |
| 23 | | 11/02/2001 | |
Order/Judgment Mailed to Parties |
| 24 | | 11/26/2001 | |
MANDATE |
| 25 | | 11/29/2001 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 26 | | 07/27/2001 | |
EXPUNGED - Nonpermanent record items destroyed |