State v. Stroh

20100157 State of North Dakota, Plaintiff and Appellee
v.
Joshua David Stroh, Defendant and Appellant

Appeal from: District Court, East Central Judicial District, Cass County
Judge Steven L. Marquart
Nature of Action: Dui/Dus
Counsel:
Appellant: Jesse Nathan Lange
Appellee: Tristan Jones Van de Streek , Asst. State's Attorney
Term: 12/2010   Argument: 12/06/2010  10:00am
ND cite: 2011 ND 139
NW cite: 800 N.W.2d 276

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Issues: Appellant's Statement of the Issues:
Whether the lower court erred by allowing the Intoxilyzer result into evidence where fair administration was not established.

Appellee's Statement of the Issues:
Whether a reasonable factfinder may ascertain that the Defendant had nothing to eat, drink, or smoke in the twenty minutes immediately preceding a chemical test based on evidence that: A.The Defendant was in the back of a highway patrol vehicle and in the Cass County Jail during that time; B.The Defendant was handcuffed with his hands in front of him during that time; C.The North Dakota Highway Patrol Trooper who made the arrest did not observe the Defendant have anything to eat, drink, or smoke during that time.

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Docket entries:
105/28/2010 NOTICE OF APPEAL: 05/27/2010
205/28/2010 ORDER FOR TRANSCRIPT: 05/27/2010
306/25/2010 ELECTRONIC RECORD ON APPEAL (Entry nos. 1-39)
407/16/2010 TRANSCRIPTS DATED APRIL 27, 2010 AND APRIL 28, 2010, & C.O.S.
507/19/2010 DISK-TRA (4/27/10 & 4/28/10) E-MAILED
607/13/2010 Electronic Clerk's Supplemental Certificate on Appeal - Entry No. 40
708/17/2010 MOT. EXT/TIME APPELLANT BRIEF
808/17/2010 E-FILED MOTION
908/17/2010 ACTION BY CLERK. Granted: 09/24/2010
1009/24/2010 APPELLANT BRIEF (e-filed)
1109/24/2010 E-FILED BRIEF (ATB)
1209/24/2010 APPELLANT APPENDIX (e-filed) PDF
1309/24/2010 E-FILED APPENDIX (ATA) PDF
1409/29/2010 Received $25 e-filing surcharge for ATB (Receipt #19987).
1509/30/2010 RECEIVED 7 COPIES OF ATB FROM CENTRAL DUPLICATING.
1609/30/2010 RECEIVED 6 COPIES OF ATA FROM CENTRAL DUPLICATING.
1710/19/2010 APPELLEE BRIEF (e-filed)
1810/19/2010 E-FILED BRIEF (AEB)
1910/22/2010 Received $25 e-filing surcharge for AEB (Receipt #20026).
2010/26/2010 Received 7 copies of AEB from Central Duplicating.
2111/15/2010 NOTICE OF ORAL ARGUMENT SENT
2212/06/2010 APPEARANCES: Jesse N. Lange; Tristan Van de Streek
2312/06/2010 ARGUED: Jesse N. Lange; Tristan Van de Streek
2412/06/2010 ORAL ARGUMENT WEBCAST
2507/13/2011 DISPOSITION: AFFIRMED
2607/13/2011 UNANIMOUS OPINION: Kapsner, Carol Ronning
2707/14/2011 Judgment Sent to Parties
2808/08/2011 MANDATE
2908/11/2011 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 04/18/2014