State v. Schwab
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| 20070276 |
State of North Dakota, Plaintiff and Appellee
v.
Tyson Schwab, Defendant and Appellant
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| Appeal from: |
District Court,
South Central Judicial District,
Morton County
Judge Donald L. Jorgensen |
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Nature of Action: |
Dui/Dus
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| Counsel: |
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| Term: |
03/2008 Argument: 03/04/2008 09:30am
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| ND cite: |
2008 ND 94
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| NW cite: |
748 N.W.2d 696
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| Issues: |
Appellant's Statement of the Issues:
I.Whether Schwab was denied his statutory right to confront the forensic scientist who analyzed his blood?
II.Whether Schwab was denied his constitutional right to confront a witness against him when the Court refused to allow Schwab to call the forensic scientist who analyzed his blood?
Appellee's Statement of the Issues:
1. Whether the trial judge abused his discretion by ruling, after hearing the Defendant's offer of proof, that the testimony of a forensic analyst would be redundant and cause a delay in the trial after the blood test results were admitted into
evidence without objection during the State's case in chief.
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| 1 | | 09/20/2007 | |
NOTICE OF APPEAL: 09/19/2007 |
| 2 | | 09/20/2007 | |
ORDER FOR TRANSCRIPT: 09/19/2007 |
| 3 | | 09/20/2007 | |
Consolidated w/20070277. Make all docket entries, except DIS & MAN, in this case. |
| 4 | | 09/25/2007 | |
RETENTION OF RECORD ON APPEAL: 11/08/2007 |
| 5 | | 10/16/2007 | |
RECORD ON APPEAL |
| 6 | | 10/18/2007 | |
TRANSCRIPT DATED August 28, 2007 |
| 7 | | 10/19/2007 | |
DISK - transcript dated August 28, 2007 |
| 8 | | 10/19/2007 | |
Certificate of Service of Copies of Transcript |
| 9 | | 11/27/2007 | |
MOT. EXT/TIME APPELLANT BRIEF (Faxed) |
| 10 | | 11/27/2007 | |
E-FILED MOTION (MAT) Faxed |
| 11 | | 11/27/2007 | |
ACTION BY CLERK (MAT). Granted: 12/27/2007 |
| 12 | | 12/27/2007 | |
APPELLANT BRIEF |
| 13 | | 12/27/2007 | |
APPELLANT APPENDIX |
| 14 | | 12/28/2007 | |
DISK-ATB |
| 15 | | 01/28/2008 | |
MOT. EXT/TIME APPELLEE BRIEF (Faxed) |
| 16 | | 01/28/2008 | |
E-FILED MOTION (MAE) FAXED |
| 17 | | 01/28/2008 | |
ACTION BY CLERK (MAE). Granted: 02/04/2008 |
| 18 | | 02/01/2008 | |
APPELLEE BRIEF |
| 19 | | 02/01/2008 | |
Affidavit of Service of AEB on opposing counsel |
| 20 | | 02/01/2008 | |
DISK (AEB) |
| 21 | | 03/04/2008 | |
APPEARANCES: Jodi L. Colling; Christopher J. Nyhus |
| 22 | | 03/04/2008 | |
ARGUED: Colling; Nyhus |
| 23 | | 03/04/2008 | |
ORAL ARGUMENT WEBCAST |
| 24 | | 05/15/2008 | |
DISPOSITION: REVERSED AND REMANDED |
| 25 | | 05/15/2008 | |
UNANIMOUS OPINION: Crothers, Daniel John |
| 26 | | 05/16/2008 | |
Judgment e-mailed to Parties |
| 27 | | 06/06/2008 | |
MANDATE |
| 28 | | 06/11/2008 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |