State v. Gietzen
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| 20090307 |
State of North Dakota, Plaintiff and Appellee
v.
Shane Daniel Gietzen, Defendant and Appellant
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| Appeal from: |
District Court,
South Central Judicial District,
Burleigh County
Judge Donald L. Jorgensen |
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Nature of Action: |
Dui/Dus
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| Counsel: |
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| Term: |
03/2010 Argument: 03/22/2010 09:30am
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| ND cite: |
2010 ND 82
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| NW cite: |
786 N.W.2d 001
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| Issues: |
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.
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| 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 |
| 30 | | 07/16/2010 | |
MANDATE |
| 31 | | 07/21/2010 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |