Eriksmoen v. N.D. Dept. of Transportation

20050129 Kjerstin Thora Eriksmoen, Petitioner and Appellant
v.
Director, North Dakota
Department of Transportation, Respondent and Appellee

Appeal from: District Court, Northeast Central Judicial District, Grand Forks County
Judge Joel D. Medd
Nature of Action: Transportation Dept.
Counsel:
Appellant: Howe & Seaworth
Appellee: Andrew Moraghan , Att. General Office
Appellee: Zachary Evan Pelham , Att. General Office
Term: 10/2005   Argument: 10/31/2005  9:00am
ND cite: 2005 ND 206
NW cite: 706 N.W.2d 610

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
I. That the Hearing Officer erred, in law and in fact, in finding that law enforcement had afforded Eriksmoen a reasonable opportunity to consult with an attorney in a meaningful way before electing whether, or not, to take a breathalyzer test.
II. That questions, references, and inferences, by the Hearing Officer, to a prior case were prejudicial to Eriksmoen's right to a fair and impartial hearing, and constituted a denial of due process of law.

Appellee's Statement of the Issues:
1. Whether Trooper Troy Hischer afforded Kjerstin Eriksmoen a reasonable opportunity to consult with an attorney in a meaningful way.
2. Whether Eriksmoen waived the fair hearing argument that she attempts to raise for the first time on appeal to this Court.

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Docket entries:
104/12/2005 NOTICE OF APPEAL: 04/08/2005
204/13/2005 DISK - Transcript of October 6, 2004 administrative hearing (emailed)
305/05/2005 RECORD ON APPEAL & Transcript of Testimony of Administrative Hearing Trans. dated 10-6-04 (Not
405/05/2005 Rec'd: # 14 - steno notes)
505/18/2005 APPELLANT BRIEF (Original)
605/18/2005 APPELLANT APPENDIX
705/19/2005 7 copies of Appellant's Brief
805/19/2005 Corrected Table of Contents for ATB
905/20/2005 DSK of ATB (e-mailed)
1006/14/2005 MOT. EXT/TIME APPELLEE BRIEF (letter form)
1106/14/2005 ACTION BY CLERK. Granted: 07/11/2005
1206/14/2005 E-FILED MOTION (MAE)
1307/11/2005 APPELLEE BRIEF
1407/11/2005 DISK - AEB (e-mailed)
1510/26/2005 MOTION To Impose Sanctions in Regard to Appellee's Brief (faxed)
1610/26/2005 E-FILED MOTION (Mot/Impose/Sanctions)
1710/27/2005 Appellee's Response to Motion to Impose Sanctions
1810/31/2005 APPEARANCES: Henry H. Howe; Andrew Moraghan, Zachary E. Pelham
1910/31/2005 ARGUED: Howe; Moraghan
2010/31/2005 ORAL ARGUMENT WEBCAST
2110/31/2005 NO ACTION TAKEN (Motion to Impose Sanctions withdrawn in open court by Mr. Howe)
2211/29/2005 DISPOSITION: AFFIRMED
2311/29/2005 UNANIMOUS OPINION: Kapsner, Carol Ronning
2411/29/2005 Costs on appeal taxed in favor of appellee
2511/30/2005 Judgment Mailed to Parties
2612/20/2005 Mot. Ext/Time Petition for Rehearing (faxed)
2712/20/2005 E-FILED MOTION (Mot/Ext/PER) (faxed)
2812/20/2005 ACTION BY CHIEF JUSTICE. Granted: 12/20/2005
2912/20/2005 PETITION FOR REHEARING, entitled "Motion for Rehearing"
3012/20/2005 E-FILED Pet/Rehearing (faxed)
3112/21/2005 Copies made of Pet/Rehearing
3201/31/2006 ACTION BY SUPREME COURT (PER). Denied
3302/08/2006 MANDATE
3402/13/2006 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
3509/18/2014 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 10/21/2014