City of Bismarck v. Judkins

20040370 City of Bismarck, Plaintiff and Appellee
v.
Jenae Marie Judkins, Defendant and Appellant

Appeal from: District Court, South Central Judicial District, Burleigh County
Judge Burt L. Riskedahl
Nature of Action: Dui/Dus
Counsel:
Appellant: Thomas M. Tuntland
Appellee: Paul H. Fraase , City Prosecutor
Term: 05/2005   Argument: 05/03/2005  1:30pm
ND cite: 2005 ND 143
NW cite: 701 N.W.2d 911

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
In a DUI prosecution did the trial court err in admitting, over defendant's Sixth Amendment Confrontation objection, documents setting forth (1) the procedures allegedly followed in collecting a blood sample from the defendant; (2) statements concerning the condition of the blood sample when it was received by the analyst and methods and equipment used in analyzing that blood sample; and (3) the results of the analysis of the blood sample taken from the defendant, when the hearsay declarants did not testify and the prosecution did not establish that the declarants were not available to testify or that the defendant had been afforded an opportunity to cross-examine the declarants?

Appellee's Statement of the Issues:
1. Is the defendant's discussion of the admission of the blood test result relevant when the jury found the defendant not guilty of the DUI per se allegation?
2. Was the defendant denied an opportunity to confront the nurse who drew the blood specimen and the state chemist that analyzed the blood when the District Court admitted the certified copy of the blood test as evidence at trial?

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Docket entries:
112/20/2004 NOTICE OF APPEAL: 12/16/2004
212/20/2004 ORDER FOR TRANSCRIPT: 12/16/2004
312/21/2004 Acknowledgment of Order for Transcript
412/21/2004 RETENTION OF RECORD ON APPEAL: 02/04/2005
501/20/2005 RECORD ON APPEAL (Not rec'd: #23--Court Reporter Notes)
601/21/2005 TRANSCRIPT DATED 11-18-04
701/21/2005 DISK - tra (11-18-04)
802/28/2005 APPELLANT BRIEF
902/28/2005 APPELLANT APPENDIX
1003/01/2005 DISK - atb
1103/18/2005 APPELLEE BRIEF
1203/21/2005 DISK - AEB (e-mailed)
1303/22/2005 Corrected Table of Contents, and pages of AEB
1405/03/2005 APPEARANCES: Thomas M. Tuntland; Paul H. Fraase
1505/03/2005 ARGUED: Tuntland; Fraase (Vol. Z; Page 116)
1605/03/2005 ORAL ARGUMENT WEBCAST
1707/25/2005 DISPOSITION: AFFIRMED
1807/25/2005 SPLIT OPINION: Sandstrom, Dale V.
1907/25/2005 (CONCUR SPECIALLY): VandeWalle, Gerald W.: CONCUR
2007/25/2005 (JOIN CONCUR SPECIALLY): Maring, Mary Muehlen: JN/CON
2107/26/2005 Judgment Mailed to Parties
2208/17/2005 MANDATE
2308/31/2005 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
2406/07/2012 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 10/31/2014