City of Bismarck v. Bosch
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| 20040157 |
City of Bismarck, Plaintiff and Appellee
v.
Mitchell Bosch, Defendant and Appellant
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| Appeal from: |
District Court,
South Central Judicial District,
Burleigh County
Judge Burt L. Riskedahl |
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Nature of Action: |
Dui/Dus
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| Counsel: |
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| Term: |
11/2004 Argument: 11/30/2004 02:45pm
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| ND cite: |
2005 ND 12
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| NW cite: |
691 N.W.2d 260
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| 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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| 1 | | 06/15/2004 | |
NOTICE OF APPEAL: 06/11/2004 |
| 2 | | 06/15/2004 | |
ORDER FOR TRANSCRIPT: 06/11/2004 |
| 3 | | 06/16/2004 | |
RETENTION OF RECORD ON APPEAL (Sharon Fox): 07/31/2004 |
| 4 | | 07/09/2004 | |
TRANSCRIPT DATED MAY 13, 2004 |
| 5 | | 07/09/2004 | |
DISK - TRA (May 13, 2004) |
| 6 | | 07/12/2004 | |
RECORD ON APPEAL, incl. exhibits & videotape (not rec'd: Clerk's Cert. #16- Ct. Reporter's notes) |
| 7 | | 08/16/2004 | |
MOT. EXT/TIME APPELLANT BRIEF |
| 8 | | 08/16/2004 | |
ACTION BY CLERK. Granted: 09/02/2004 |
| 9 | | 09/02/2004 | |
APPELLANT BRIEF (addendum attached) |
| 10 | | 09/02/2004 | |
APPELLANT APPENDIX |
| 11 | | 09/02/2004 | |
DISK of ATB |
| 12 | | 09/30/2004 | |
APPELLEE BRIEF |
| 13 | | 09/30/2004 | |
DISK - aeb (e-mailed) |
| 14 | | 10/04/2004 | |
MOTION TO WAIVE ORAL ARGUMENT ON BEHALF OF APPELLEE (letter dated 10-04 from Paul H. Fraase) |
| 15 | | 10/18/2004 | |
ACTION BY CHIEF JUSTICE (Mot. to Waive OA - AE). Granted |
| 16 | | 11/30/2004 | |
APPEARANCES: Michael R. Hoffman; waived under N.D.R.App.P. 34(f) by Appellee |
| 17 | | 11/30/2004 | |
ARGUED: Hoffman (Vol. Z; Page 61) |
| 18 | | 11/30/2004 | |
ORAL ARGUMENT WEBCAST |
| 19 | | 01/19/2005 | |
DISPOSITION: AFFIRMED |
| 20 | | 01/19/2005 | |
UNANIMOUS OPINION: VandeWalle, Gerald W. |
| 21 | | 01/21/2005 | |
Judgment Mailed to Parties |
| 22 | | 01/20/2005 | |
PETITION FOR REHEARING |
| 23 | | 01/20/2005 | |
DISK - PER (e-mailed) |
| 24 | | 02/16/2005 | |
ACTION BY SUPREME COURT (PER). Denied |
| 25 | | 02/18/2005 | |
MOTION FOR STAY OF MANDATE |
| 26 | | 02/18/2005 | |
ACTION BY CHIEF JUSTICE. granted |
| 27 | | 05/17/2005 | |
Letter from Mr. Hoffman stating writ of certiorari is being filed with the US Supreme Court |
| 28 | | 05/18/2005 | |
Mandate is stayed pending final decision of writ of certiorari (delete when satisfied): 06/17/2005 |
| 29 | | 05/19/2005 | |
Copy of Petition for Writ of Certiorari to U.S. Supreme Court |
| 30 | | 05/24/2005 | |
Notice from U.S. Supreme Court that Petition was filed on May 17, 2005, and placed on the docket |
| 31 | | 05/24/2005 | |
as U.S. Supreme Court No. 04-1546 |
| 32 | | 07/05/2005 | |
Letter dated 6-27-05 from Clerk of U.S. Supreme Court informing us the petition was denied |
| 33 | | 07/05/2005 | |
MANDATE |
| 34 | | 07/08/2005 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 35 | | 08/31/2011 | |
EXPUNGED - Nonpermanent record items destroyed |