State v. Gietzen

20090307 State of North Dakota, Plaintiff and Appellee
v.
Shane Daniel Gietzen, Defendant and Appellant

Appeal from: District Court, South Central Judicial District, Burleigh County
Judge Donald L. Jorgensen
Nature of Action: Dui/Dus
Counsel:
Appellant: Michael Ray Hoffman
Appellee: Bryan David Denham , Asst. State's Attorney
Amicus curiae: Ken R. Sorenson , Att. General Office
Term: 03/2010   Argument: 03/22/2010  9:30am
ND cite: 2010 ND 82
NW cite: 786 N.W.2d 001

Listen to recording of oral argument in MP3 format

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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Docket entries:
110/20/2009 NOTICE OF APPEAL: 10/19/2009
210/20/2009 ORDER FOR TRANSCRIPT: 10/19/2009
310/22/2009 RETENTION OF RECORD ON APPEAL: 12/08/2009
411/12/2009 TRANSCRIPT DATED October 14, 2009 & C.O.S.
511/12/2009 DISK - TRA (10-14-09) (e-mailed)
611/17/2009 RECORD ON APPEAL
712/21/2009 MOT. EXT/TIME APPELLANT BRIEF
812/21/2009 ACTION BY CLERK. Granted: 12/30/2009
912/30/2009 APPELLANT BRIEF & ADDENDUM
1012/30/2009 APPELLANT APPENDIX
1112/30/2009 DISK-ATB (E-MAILED)
1201/28/2010 MOTION REQUESTING LEAVE TO FILE AMICUS BRIEF
1301/28/2010 ACTION BY CLERK (Mot. Requesting Leave to File ACB). Granted
1401/28/2010 AMICUS CURIAE BRIEF
1501/28/2010 DISK of ACB (e-mailed)
1601/29/2010 APPELLEE BRIEF
1701/29/2010 DISK - AEB (e-mailed)
1803/19/2010 NOTICE OF ORAL ARGUMENT SENT
1903/22/2010 APPEARANCES: Michael R. Hoffman/Bryan D. Denham, Asst. State's Atty.
2003/22/2010 ARGUED: Hoffman/Denham
2103/22/2010 ORAL ARGUMENT WEBCAST
2205/11/2010 DISPOSITION: AFFIRMED
2305/11/2010 UNANIMOUS OPINION: Crothers, Daniel John
2405/25/2010 PETITION FOR REHEARING of Appellant
2505/25/2010 DISK - PER (E-mailed)
2606/30/2010 MOTION FOR substitute page 2 - 9 of the opinion (sua sponte)
2706/30/2010 ACTION BY SUPREME COURT (substitute page 2 - 9). Granted
2806/30/2010 Corrected/Substitute Opinion Page 2 - 9
2906/30/2010 ACTION BY SUPREME COURT (PER). Denied
3007/16/2010 MANDATE
3107/21/2010 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 10/31/2014