Hammer v. Director, ND Dept. of Transportation

20070284 Kodey Keith Hammer, Petitioner and Appellant
v.
Director, N.D. Department
of Transportation, Respondent and Appellee

Appeal from: District Court, Northwest Judicial District, Williams County
Judge David W. Nelson
Nature of Action: Administrative Proceeding
Counsel:
Appellant: Michael Ray Hoffman
Appellee: Andrew Moraghan , Att. General Office
Term: 02/2008   Argument: 02/14/2008  04:00pm
ND cite: 2008 ND 23
NW cite: 747 N.W.2d 136


Issues: Appellant's Statement of the Issues:
Was Form 104 inadmissible in that it was not shown that the specimen collector was on the List of Approved Designations of Individuals Medically Qualified to Draw Blood?

Appellee's Statement of the Issues:
Whether a reasoning mind reasonably could have concluded that Hammer's blood sample was obtained by an individual medically qualified to draw blood under N.D.C.C.  39-20-02.

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Docket entries:
109/28/2007 NOTICE OF APPEAL: 09/25/2007
210/01/2007 DISK - tra (5-7-07) (e-mailed)
310/24/2007 RECORD ON APPEAL & Transcript of Testimony of Administrative Hearing dated 5-7-07
411/05/2007 APPELLANT BRIEF
511/05/2007 DSK - ATB
611/05/2007 APPELLANT APPENDIX
712/05/2007 MOT. EXT/TIME APPELLEE BRIEF
812/05/2007 ACTION BY CLERK. Granted: 12/28/2007
912/21/2007 APPELLEE BRIEF
1012/21/2007 APPELLEE APPENDIX
1112/21/2007 DISK - AEB
1201/22/2008 S.CT. DETERMINED ORAL ARGUMENT NOT NECESSARY
1302/14/2008 APPEARANCES: waived under N.D.R.App.P. 34(a)(2) and submitted on records and briefs filed
1402/14/2008 ARGUED: waived under N.D.R.App.P. 34(a)(2) and submitted on the records and briefs filed
1502/21/2008 DISPOSITION: AFFIRMED BY SUMMARY DISP.
1602/21/2008 UNANIMOUS OPINION: Per Curiam
1702/21/2008 Costs on appeal taxed in favor of appellee
1802/25/2008 Judgment E-Mailed to Parties
1903/18/2008 MANDATE
2003/24/2008 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 12/01/2008