City of Bismarck v. Bosch

20040157 City of Bismarck, Plaintiff and Appellee
v.
Mitchell Bosch, Defendant and Appellant

Appeal from: District Court, South Central Judicial District, Burleigh County
Judge Burt L. Riskedahl
Nature of Action: Dui/Dus
Counsel:
Appellant: Michael Ray Hoffman
Appellee: Paul H. Fraase , Asst. City Attorney
Term: 11/2004   Argument: 11/30/2004  2:45pm
ND cite: 2005 ND 12
NW cite: 691 N.W.2d 260

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
Did the district court err in allowing the intoxilyzer test result into evidence over defendant's foundation, hearsay and confrontation objections?

Appellee's Statement of the Issues:
Did the district court err in allowing the intoxilyzer test result into evidence over defendant's foundation, hearsay and confrontation objections?

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Docket entries:
106/15/2004 NOTICE OF APPEAL: 06/11/2004
206/15/2004 ORDER FOR TRANSCRIPT: 06/11/2004
306/16/2004 RETENTION OF RECORD ON APPEAL (Sharon Fox): 07/31/2004
407/09/2004 TRANSCRIPT DATED MAY 13, 2004
507/09/2004 DISK - TRA (May 13, 2004)
607/12/2004 RECORD ON APPEAL, incl. exhibits & videotape (not rec'd: Clerk's Cert. #16- Ct. Reporter's notes)
708/16/2004 MOT. EXT/TIME APPELLANT BRIEF
808/16/2004 ACTION BY CLERK. Granted: 09/02/2004
909/02/2004 APPELLANT BRIEF (addendum attached)
1009/02/2004 APPELLANT APPENDIX
1109/02/2004 DISK of ATB
1209/30/2004 APPELLEE BRIEF
1309/30/2004 DISK - aeb (e-mailed)
1410/04/2004 MOTION TO WAIVE ORAL ARGUMENT ON BEHALF OF APPELLEE (letter dated 10-04 from Paul H. Fraase)
1510/18/2004 ACTION BY CHIEF JUSTICE (Mot. to Waive OA - AE). Granted
1611/30/2004 APPEARANCES: Michael R. Hoffman; waived under N.D.R.App.P. 34(f) by Appellee
1711/30/2004 ARGUED: Hoffman (Vol. Z; Page 61)
1811/30/2004 ORAL ARGUMENT WEBCAST
1901/19/2005 DISPOSITION: AFFIRMED
2001/19/2005 UNANIMOUS OPINION: VandeWalle, Gerald W.
2101/21/2005 Judgment Mailed to Parties
2201/20/2005 PETITION FOR REHEARING
2301/20/2005 DISK - PER (e-mailed)
2402/16/2005 ACTION BY SUPREME COURT (PER). Denied
2502/18/2005 MOTION FOR STAY OF MANDATE
2602/18/2005 ACTION BY CHIEF JUSTICE. granted
2705/17/2005 Letter from Mr. Hoffman stating writ of certiorari is being filed with the US Supreme Court
2805/18/2005 Mandate is stayed pending final decision of writ of certiorari (delete when satisfied): 06/17/2005
2905/19/2005 Copy of Petition for Writ of Certiorari to U.S. Supreme Court
3005/24/2005 Notice from U.S. Supreme Court that Petition was filed on May 17, 2005, and placed on the docket
3105/24/2005 as U.S. Supreme Court No. 04-1546
3207/05/2005 Letter dated 6-27-05 from Clerk of U.S. Supreme Court informing us the petition was denied
3307/05/2005 MANDATE
3407/08/2005 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
3508/31/2011 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 12/19/2014