Schlosser v. N.D. Dep't. of Transp.
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| 20090156 |
Brock Joel Schlosser, Petitioner and Appellee
v.
North Dakota Department
of Transportation, Respondent and Appellant
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| Appeal from: |
District Court,
South Central Judicial District,
Burleigh County
Judge Gail Hagerty |
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Nature of Action: |
Transportation Dept.
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| Counsel: |
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| Term: |
10/2009 Argument: 10/05/2009 04:00pm
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| ND cite: |
2009 ND 173
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| NW cite: |
775 N.W.2d 695
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| Issues: |
Appellant's Statement of the Issues:
Schlosser was arrested for DUI and issued a Report and Notice after the results of a blood test showed his alcohol concentration was .15 percent by weight. Schlosser requested a hearing. At the hearing testimony was given by the arresting officer
and several exhibits were introduced into evidence, including Submission for Blood Form 104. However, the specimen's submitter's checklist was not included. Instead, a blank copy of the checklist was provided. The officer testified he completed
all of the steps on the checklist. Schlosser did not contradict or impeach the officer's testimony regarding the completion of the checklist steps. Was Schlosser's blood test fairly administered?
Appellee's Statement of the Issues:
I:The Department failed to show that the chemical test was fairly administered, in that Trooper Skogen's conclusory statement is not sufficient to provide evidence that the test was fairly administered.
II:The Department failed to show that the chemical test was fairly administered, in that the test did not show that the sample was properly obtained and the test was fairly administered, and did not show that it was performed according to methods and
with devices approved by the director of the state crime laboratory or the director's designee.
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| 1 | | 05/19/2009 | |
NOTICE OF APPEAL: 05/15/2009 |
| 2 | | 05/21/2009 | |
DISK of TRA dated October 22, 2008 (Administrative transcript) - e-mailed |
| 3 | | 06/22/2009 | |
APPELLANT BRIEF |
| 4 | | 06/22/2009 | |
APPELLANT APPENDIX |
| 5 | | 06/22/2009 | |
DISK - ATB (e-mailed) |
| 6 | | 06/23/2009 | |
8 copies of docket sheet of tr. ct. for ATA |
| 7 | | 06/25/2009 | |
RECORD ON APPEAL (1 volume & 1 separate) |
| 8 | | 07/23/2009 | |
MOT. EXT/TIME APPELLEE BRIEF |
| 9 | | 07/23/2009 | |
E-FILED MOTION (MAE) |
| 10 | | 07/23/2009 | |
ACTION BY SUPREME COURT. Granted: 08/24/2009 |
| 11 | | 07/24/2009 | |
Response to Appellee's Motion for 30-day Extension to file AEB |
| 12 | | 08/24/2009 | |
APPELLEE BRIEF (e-filed) |
| 13 | | 08/24/2009 | |
E-FILED BRIEF (AEB) |
| 14 | | 08/25/2009 | |
Receipt $25 surcharge for AEB (Receipt No. 18972) |
| 15 | | 08/28/2009 | |
Received copies of AEB from CSD. |
| 16 | | 09/11/2009 | |
ANNOUNCED DISQUALIFICATION: Sandstrom, Dale V. |
| 17 | | 09/14/2009 | |
NOTICE OF ORAL ARGUMENT MAILED |
| 18 | | 09/17/2009 | |
SITTING WITH THE COURT: Bekken, James M. |
| 19 | | 10/02/2009 | |
Verbal agreement by both counsel to waive argument due to funeral of attny. Ralph Vinje |
| 20 | | 10/02/2009 | |
ACTION BY CHIEF JUSTICE. Granted |
| 21 | | 10/05/2009 | |
APPEARANCES: Waived under N.D.R.App.P. 34(f) and submitted on brief |
| 22 | | 10/05/2009 | |
ARGUED: Waived and submitted on brief |
| 23 | | 11/19/2009 | |
DISPOSITION: AFFIRMED |
| 24 | | 11/19/2009 | |
UNANIMOUS OPINION: VandeWalle, Gerald W. |
| 25 | | 11/19/2009 | |
Costs on appeal taxed in favor of appellee |
| 26 | | 11/20/2009 | |
Judgment E-Mailed to Parties |
| 27 | | 12/11/2009 | |
MANDATE |
| 28 | | 12/16/2009 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |