State v. Gietzen
State of North Dakota, Plaintiff and Appellee
Shane Daniel Gietzen, Defendant and Appellant
South Central Judicial District,
Judge Donald L. Jorgensen
|Nature of Action:||Dui/Dus|
|Term:||03/2010  Argument: 03/22/2010|
|ND cite:||2010 ND 82|
786 N.W.2d 001
Listen to recording of oral argument in MP3 format
Appellant's Statement of the Issues:|
1.Should this case be reversed and an acquittal entered for the State's failure to show scrupulous compliance with the approved method of the state toxicologist, in that the arresting officer handled the contents of the intact kit?
2.Should this case be reversed and an acquittal entered for the State's failure to show scrupulous compliance with the approved method of the state toxicologist, in that it was not legally shown that the drawn blood in the tube was inverted several times?
3.Should this case be reversed and an acquittal entered for the State's failure to call the nurse and the state toxicologist as witnesses?
Appellee's Statement of the Issues:
Issue 1. The Stated provided proper foundation for the introduction of the Form 104 into evidence.
Issue 2. The Sixth Amendment of the United States Constitution does not mandate the calling of the nurse or the State Toxicologist by the State as this is an evidentiary matter and not a constitutional one.
Issue 3. In the alternative, N.D.C.C. 39-20-07 is not unconstitutional.
|Add Docket 20090307 RSS|
|1||10/20/2009 NOTICE OF APPEAL: 10/19/2009|
|2||10/20/2009 ORDER FOR TRANSCRIPT: 10/19/2009|
|3||10/22/2009 RETENTION OF RECORD ON APPEAL: 12/08/2009|
|4||11/12/2009 TRANSCRIPT DATED October 14, 2009 & C.O.S.|
|5||11/12/2009 DISK - TRA (10-14-09) (e-mailed)|
|6||11/17/2009 RECORD ON APPEAL|
|7||12/21/2009 MOT. EXT/TIME APPELLANT BRIEF|
|8||12/21/2009 ACTION BY CLERK. Granted: 12/30/2009|
|9||12/30/2009 APPELLANT BRIEF & ADDENDUM|
|10||12/30/2009 APPELLANT APPENDIX|
|11||12/30/2009 DISK-ATB (E-MAILED)|
|12||01/28/2010 MOTION REQUESTING LEAVE TO FILE AMICUS BRIEF|
|13||01/28/2010 ACTION BY CLERK (Mot. Requesting Leave to File ACB). Granted|
|14||01/28/2010 AMICUS CURIAE BRIEF|
|15||01/28/2010 DISK of ACB (e-mailed)|
|16||01/29/2010 APPELLEE BRIEF|
|17||01/29/2010 DISK - AEB (e-mailed)|
|18||03/19/2010 NOTICE OF ORAL ARGUMENT SENT|
|19||03/22/2010 APPEARANCES: Michael R. Hoffman/Bryan D. Denham, Asst. State's Atty.|
|20||03/22/2010 ARGUED: Hoffman/Denham|
|21||03/22/2010 ORAL ARGUMENT WEBCAST|
|22||05/11/2010 DISPOSITION: AFFIRMED|
|23||05/11/2010 UNANIMOUS OPINION: Crothers, Daniel John|
|24||05/25/2010 PETITION FOR REHEARING of Appellant|
|25||05/25/2010 DISK - PER (E-mailed)|
|26||06/30/2010 MOTION FOR substitute page 2 - 9 of the opinion (sua sponte)|
|27||06/30/2010 ACTION BY SUPREME COURT (substitute page 2 - 9). Granted|
|28||06/30/2010 Corrected/Substitute Opinion Page 2 - 9|
|29||06/30/2010 ACTION BY SUPREME COURT (PER). Denied|
|31||07/21/2010 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|