City v. Bullinger

20090308 City of Bismarck, Plaintiff and Appellee
v.
Launi Mae Bullinger, Defendant and Appellant

Appeal from: District Court, South Central Judicial District, Burleigh County
Judge Robert O. Wefald
Nature of Action: Dui/Dus
Counsel:
Appellant: Danny Lee Herbel
Appellee: Paul H. Fraase , City Prosecutor
Term: 01/2010   Argument: 01/07/2010  Waived
ND cite: 2010 ND 15
NW cite: 777 N.W.2d 904


Issues: Appellant's Statement of the Issues:
I. After two breath tests came back invalid, Ms. Bullinger thereafter withdrew her implied consent to provide a blood sample and affirmatively refused the St. Alexius blood test; because she withdrew her consent no chemical test should have been given pursuant to N.D.C.C.  39-20-04; since the test was performed under compulsion, it was performed in an unreasonable manner

Appellee's Statement of the Issues:
1. Did the Defendant Bullinger withdraw her initial consent to provide a chemical test result?

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Docket entries:
110/20/2009 NOTICE OF APPEAL: 10/16/2009
210/20/2009 ORDER FOR TRANSCRIPT: 10/16/2009
311/05/2009 Acknowledgement of OTR by Betsy Johnson, Court Reporter
411/09/2009 Certificate of Service of TRA from Ronda Colby
511/09/2009 MOT. EXT/TIME APPELLANT BRIEF (sua sponte due to TRA having been filed in the trial ct. on 4-17-09)
611/09/2009 ACTION BY CLERK (sua sponte due to TRA being filed in the trial court on 4-17-09). Granted: 11/25/2009
711/16/2009 RECORD ON APPEAL & separate Transcript dated 4/7/09 (Entry No. 16) & un-redacted docs.
811/25/2009 APPELLANT BRIEF
911/25/2009 E-FILED BRIEF - ATB
1011/25/2009 APPELLANT APPENDIX
1111/25/2009 E-FILED APPENDIX - ATA
1211/27/2009 Received $25 surcharge for ATB (Receipt 19245)
1312/01/2009 Received 7 copies of ATB from CSD
1412/01/2009 Received 6 copies of ATA from CSD
1512/08/2009 APPELLEE BRIEF
1612/08/2009 DISK - aeb (e-mailed)
1712/08/2009 Received corrected ATA pages and cert of service of ATB & ATA
1812/21/2010 NOTICE OF ORAL ARGUMENT SENT
1912/23/2009 REPLY BRIEF (e-filed) PDF
2012/23/2009 E-FILED BRIEF (RYB) PDF
2112/24/2009 Request to waive oral argument on behalf of Appellee
2212/28/2009 Received 7 copies of RYB from Central Duplicating.
2312/28/2009 ACTION BY SUPREME COURT (Request to waive oral argument on behalf of Appellee). Granted
2401/06/2010 Request to waive oral argument on behalf of the Appellant
2501/06/2010 ACTION BY SUPREME COURT (Request to waive on behalf of Appellant). Granted
2601/07/2010 APPEARANCES: Waived under N.D.R.App.P. 34(f)
2701/07/2010 ARGUED: Waived
2801/26/2010 DISPOSITION: AFFIRMED
2901/26/2010 UNANIMOUS OPINION: VandeWalle, Gerald W.
3001/27/2010 Judgment Sent to Parties
3102/24/2010 MANDATE
3203/02/2010 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 10/31/2014