State v. Schwab

20070276 State of North Dakota, Plaintiff and Appellee
v.
Tyson Schwab, Defendant and Appellant

Appeal from: District Court, South Central Judicial District, Morton County
Judge Donald L. Jorgensen
Nature of Action: Dui/Dus
Counsel:
Appellant: Dickson Law Office
Appellee: Christopher James Nyhus , Asst. State's Attorney
Term: 03/2008   Argument: 03/04/2008  9:30am
ND cite: 2008 ND 94
NW cite: 748 N.W.2d 696

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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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Docket entries:
109/20/2007 NOTICE OF APPEAL: 09/19/2007
209/20/2007 ORDER FOR TRANSCRIPT: 09/19/2007
309/20/2007 Consolidated w/20070277. Make all docket entries, except DIS & MAN, in this case.
409/25/2007 RETENTION OF RECORD ON APPEAL: 11/08/2007
510/16/2007 RECORD ON APPEAL
610/18/2007 TRANSCRIPT DATED August 28, 2007
710/19/2007 DISK - transcript dated August 28, 2007
810/19/2007 Certificate of Service of Copies of Transcript
911/27/2007 MOT. EXT/TIME APPELLANT BRIEF (Faxed)
1011/27/2007 E-FILED MOTION (MAT) Faxed
1111/27/2007 ACTION BY CLERK (MAT). Granted: 12/27/2007
1212/27/2007 APPELLANT BRIEF
1312/27/2007 APPELLANT APPENDIX
1412/28/2007 DISK-ATB
1501/28/2008 MOT. EXT/TIME APPELLEE BRIEF (Faxed)
1601/28/2008 E-FILED MOTION (MAE) FAXED
1701/28/2008 ACTION BY CLERK (MAE). Granted: 02/04/2008
1802/01/2008 APPELLEE BRIEF
1902/01/2008 Affidavit of Service of AEB on opposing counsel
2002/01/2008 DISK (AEB)
2103/04/2008 APPEARANCES: Jodi L. Colling; Christopher J. Nyhus
2203/04/2008 ARGUED: Colling; Nyhus
2303/04/2008 ORAL ARGUMENT WEBCAST
2405/15/2008 DISPOSITION: REVERSED AND REMANDED
2505/15/2008 UNANIMOUS OPINION: Crothers, Daniel John
2605/16/2008 Judgment e-mailed to Parties
2706/06/2008 MANDATE
2806/11/2008 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 04/16/2014