City of Fargo v. Levine

20070098 City of Fargo, Plaintiff and Appellee
v.
Glenn Richard Levine, Defendant and Appellant

Appeal from: District Court, East Central Judicial District, Cass County
Judge Wade L. Webb
Nature of Action: Dui/Dus
Counsel:
Appellant: Larivee & Light
Appellee: Renata June Olafson Selzer , City Prosecutor
Term: 10/2007   Argument: 10/23/2007  04:00pm
ND cite: 2008 ND 64
NW cite: 747 N.W.2d 130


Issues: Appellant's Statement of the Issues:
Whether the defendant is entitled to production from the State, the source code for the Intoxilyzer 5000 breath testing machine used by the police to analyze his blood alcohol level?

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Docket entries:
104/03/2007 NOTICE OF APPEAL: 03/30/2007
204/03/2007 ORDER FOR TRANSCRIPT: 03/30/2007
304/23/2007 TRANSCRIPTS DATED May 31, 2006; October 17, 2006; November 14, 2006; & March 19, 2007 (4 vols.)
404/23/2007 DISK - tra (5-31-06; 10-17-06; 11-14-06; & 3-19-07 (e-mailed)
504/26/2007 Certificates of Service of Transcripts from Marcella Knopp & Stacy Brekke
605/07/2007 RECORD ON APPEAL (Not received were tapes)
706/01/2007 APPELLANT BRIEF (e-filed)
806/01/2007 E-FILED BRIEF (ATB)
906/01/2007 APPELLANT APPENDIX (e-filed)
1006/01/2007 E-FILED APPENDIX (ATA)
1106/01/2007 Affidavit of Service by Electronic Mail dated 6-1-07 of ATB & ATA
1206/01/2007 Appellant filed a motion requesting waiver of oral argument
1306/05/2007 Affidavit of Service by Electronic Mail dated 6-5-07 of the corrected ATB
1406/14/2007 Received $25 surcharge for ATB (Receipt #17578)
1506/19/2007 Rec'd 7 copies of ATB from Central Duplicating
1606/19/2007 Rec'd 6 copies of ATA from Central Dulicating
1707/02/2007 APPELLEE BRIEF (e-filed) (pdf)
1807/02/2007 E-FILED BRIEF (AEB) (PDF)
1907/02/2007 Affidavit of Service by Electronic Mail of the AEB dated 7-2-07
2007/02/2007 Appellee filed a motion requesting waiver of oral argument
2107/03/2007 Received $25 surcharge (Receipt #17612)
2207/06/2007 Received 7 copies of AEB from Central Duplicating
2309/18/2007 ACTION BY SUPREME COURT (Appellant's motion requesting waiver of oral argument). Granted
2409/18/2007 ACTION BY SUPREME COURT (Appellee's motion requesting waiver of oral argument). Granted
2510/23/2007 APPEARANCES: waived under N.D.R.App.P. 34(f) and submitted on the records and briefs filed
2610/23/2007 ARGUED: waived under N.D.R.App.P. 34(f) and submitted on the records and briefs filed
2704/17/2008 DISPOSITION: AFFIRMED
2804/17/2008 UNANIMOUS OPINION: Crothers, Daniel John
2904/18/2008 Judgment e-mailed to Parties
3005/09/2008 MANDATE
3105/15/2008 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 12/01/2008