State v. Lutz
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| 20120091 |
State of North Dakota, Plaintiff and Appellee
v.
Travis Trainor Lutz, 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: |
06/2012 Argument: 06/27/2012 10:45am
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| ND cite: |
2012 ND 156
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| NW cite: |
820 N.W.2d 111
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| Issues: |
Appellant's Statement of the Issues:
The analytical report should not be admitted into evidence in that the State cannot establish chain of custody, Lutz's right of confrontation is violated, and the added protections of Rule 707, N.D.R.Ev., is also violated.
Appellee's Statement of the Issues:
Whether the admission into evidence of the lab analytical report was proper.
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| 1 | | 02/08/2012 | |
NOTICE OF APPEAL: 02/08/2012 |
| 2 | | 02/08/2012 | |
ORDER FOR TRANSCRIPT: 02/08/2012 |
| 3 | | 02/13/2012 | |
Acknowledgment of OTR from Joyce Harnden |
| 4 | | 03/08/2012 | |
ELEC. RECORD ON APPEAL (ENTRY NOS.1-37) |
| 5 | | 03/15/2012 | |
TRANSCRIPT DATED January 24, 2012 & C.O.S. |
| 6 | | 03/15/2012 | |
DISK - tra (1/24/12) (e-mailed) |
| 7 | | 04/24/2012 | |
APPELLANT BRIEF (PDF) |
| 8 | | 04/24/2012 | |
E-FILED BRIEF |
| 9 | | 04/24/2012 | |
APPELLANT APPENDIX |
| 10 | | 04/24/2012 | |
E-FILED APPENDIX |
| 11 | | 04/25/2012 | |
Received $25 e-filing surcharge for ATB (Receipt #21000) |
| 12 | | 04/30/2012 | |
Received 7 copies of ATB from Central Duplicating |
| 13 | | 04/30/2012 | |
Received 6 copies of ATA from Central Duplicating |
| 14 | | 05/18/2012 | |
NOTICE OF ORAL ARGUMENT SENT |
| 15 | | 05/23/2012 | |
MOT. EXT/TIME APPELLEE BRIEF |
| 16 | | 05/23/2012 | |
E-FILED MOTION |
| 17 | | 05/23/2012 | |
ACTION BY SUPREME COURT. Granted: 05/31/2012 |
| 18 | | 05/30/2012 | |
APPELLEE BRIEF |
| 19 | | 05/30/2012 | |
DISK - AEB (e-mailed) |
| 20 | | 06/27/2012 | |
APPEARANCES: Chad R. McCabe; Justin J. Schwarz |
| 21 | | 06/27/2012 | |
ARGUED: Chad R. McCabe; Justin J. Schwarz |
| 22 | | 06/27/2012 | |
ORAL ARGUMENT WEBCAST |
| 23 | | 07/26/2012 | |
DISPOSITION: REVERSED AND REMANDED |
| 24 | | 07/26/2012 | |
SPLIT OPINION: VandeWalle, Gerald W. |
| 25 | | 07/26/2012 | |
CONCURRING IN PART AND DISSENTING IN PART: Crothers, Daniel John: CON/DIS |
| 26 | | 07/26/2012 | |
JOIN IN CONCURRING IN PART AND DISSENTING IN PART: Sandstrom, Dale V.: JN/CON |
| 27 | | 07/27/2012 | |
Judgment Sent to Parties |
| 28 | | 08/17/2012 | |
MANDATE |
| 29 | | 08/20/2012 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |