State v. Johnson

20090115 State of North Dakota, Plaintiff and Appellee
v.
Jeremiah James Johnson, Defendant and Appellant

Appeal from: District Court, East Central Judicial District, Cass County
Judge Georgia Dawson
Nature of Action: Dui/Dus
Counsel:
Appellant: Richard Edward Edinger
Appellee: Tristan Jones Van de Streek , Asst. State's Attorney
Term: 09/2009   Argument: 09/03/2009  9:00am
ND cite: 2009 ND 167
NW cite: 772 N.W.2d 591

Listen to recording of oral argument in MP3 format
Listen to recording of oral argument in RM format
using RealPlayer Basic,© a free download.

Issues: Appellant's Statement of the Issues:
I. Whether Defendant consented to the blood test when he communicated to the trooper that he would only take the test on the condition that his attorney was present and where Defendant's attorney was not present for the test?

Appellee's Statement of the Issues:
I.Whether - in the context of determining if a driver consented to a chemical test for intoxication - the statement "I am not refusing" constitutes sufficient competent evidence fairly capable of supporting a finding that the driver consented to a test for intoxication.
II.Whether evidence obtained in compliance with the Fourth Amendment but in violation of statutory law must be suppressed when there is no statutory remedy for the statutory violation.

Add Docket 20090115 RSS Add Docket 20090115 RSS

Docket entries:
104/08/2009 NOTICE OF APPEAL: 04/07/2009
204/08/2009 ORDER FOR TRANSCRIPT: 04/07/2009
304/09/2009 TRANSCRIPT DATED December 30, 2008 (original is part of ROA, Entry No. 19)
404/09/2009 DISK - tra (12-30-08 ) (e-mailed)
505/08/2009 RECORD ON APPEAL & separate transcript (Entry No. 19).Not rec'd CR tapes (Entry Nos.4, 15, 16 & 22)
605/20/2009 MOT. EXT/TIME APPELLANT BRIEF & Stipulation
705/20/2009 ACTION BY CLERK (MAT). Granted: 05/21/2009
805/21/2009 APPELLANT BRIEF (PDF only)
905/21/2009 APPELLANT APPENDIX
1005/28/2009 DISK - ATB (CD in PDF only)
1106/11/2009 APPELLEE BRIEF (E-filed)
1206/11/2009 E-FILED BRIEF (AEB)
1306/18/2009 Received $25 surcharge for AEB (Receipt #18884)
1406/19/2009 Rec'd 7 copies of AEB from Central Duplicating
1506/29/2009 REPLY BRIEF
1607/06/2009 DISK-RYB (PDF ONLY) E-MAILED
1707/23/2009 NOTICE OF ORAL ARGUMENT MAILED
1809/03/2009 APPEARANCES: Richard E. Edinger/Tristan J. Van de Streek, Asst. State's Atty.
1909/03/2009 ARGUED: Edinger/Van de Streek
2009/03/2009 ORAL ARGUMENT WEBCAST
2109/16/2009 DISPOSITION: AFFIRMED
2209/16/2009 UNANIMOUS OPINION: VandeWalle, Gerald W.
2309/17/2009 Judgment E-Mailed to Parties
2410/07/2009 SUPPLEMENTAL CLERK'S CERTIFICATE DATED 10-06-09 (ENTRIES 32 & 33)
2510/09/2009 MANDATE
2610/14/2009 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 07/30/2014