Schlosser v. N.D. Dep't. of Transp.

20090156 Brock Joel Schlosser, Petitioner and Appellee
v.
North Dakota Department
of Transportation, Respondent and Appellant

Appeal from: District Court, South Central Judicial District, Burleigh County
Judge Gail Hagerty
Nature of Action: Transportation Dept.
Counsel:
Appellant: Michael Trent Pitcher , Att. General Office
Appellee: Chad Rory McCabe
Term: 10/2009   Argument: 10/05/2009  Waived
ND cite: 2009 ND 173
NW cite: 775 N.W.2d 695


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.

Add Docket 20090156 RSS Add Docket 20090156 RSS

Docket entries:
105/19/2009 NOTICE OF APPEAL: 05/15/2009
205/21/2009 DISK of TRA dated October 22, 2008 (Administrative transcript) - e-mailed
306/22/2009 APPELLANT BRIEF
406/22/2009 APPELLANT APPENDIX
506/22/2009 DISK - ATB (e-mailed)
606/23/2009 8 copies of docket sheet of tr. ct. for ATA
706/25/2009 RECORD ON APPEAL (1 volume & 1 separate)
807/23/2009 MOT. EXT/TIME APPELLEE BRIEF
907/23/2009 E-FILED MOTION (MAE)
1007/23/2009 ACTION BY SUPREME COURT. Granted: 08/24/2009
1107/24/2009 Response to Appellee's Motion for 30-day Extension to file AEB
1208/24/2009 APPELLEE BRIEF (e-filed)
1308/24/2009 E-FILED BRIEF (AEB)
1408/25/2009 Receipt $25 surcharge for AEB (Receipt No. 18972)
1508/28/2009 Received copies of AEB from CSD.
1609/11/2009 ANNOUNCED DISQUALIFICATION: Sandstrom, Dale V.
1709/14/2009 NOTICE OF ORAL ARGUMENT MAILED
1809/17/2009 SITTING WITH THE COURT: Bekken, James M.
1910/02/2009 Verbal agreement by both counsel to waive argument due to funeral of attny. Ralph Vinje
2010/02/2009 ACTION BY CHIEF JUSTICE. Granted
2110/05/2009 APPEARANCES: Waived under N.D.R.App.P. 34(f) and submitted on brief
2210/05/2009 ARGUED: Waived and submitted on brief
2311/19/2009 DISPOSITION: AFFIRMED
2411/19/2009 UNANIMOUS OPINION: VandeWalle, Gerald W.
2511/19/2009 Costs on appeal taxed in favor of appellee
2611/20/2009 Judgment E-Mailed to Parties
2712/11/2009 MANDATE
2812/16/2009 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 10/23/2014