State, ex rel. Roseland v. Herauf

20120170 State of North Dakota, ex rel.
Aaron W. Roseland in his capacity
as Adams County State's Attorney, Petitioner
v.
The Honorable William A. Herauf,
in his capacity as Judge of the District
Court, Southwest Judicial District,
and Gwen Bohmbach, Respondents

Appeal from: District Court, Southwest Judicial District, Adams County
Judge William A. Herauf
Nature of Action: Writ of Supervision (Civil)
Counsel:
Petitioner: Aaron William Roseland , State's Attorney
Respondent: William Anton Herauf
Respondent: Ashley Erin Holmes
Amicus curiae: Nicholas Dwight Thornton
Term: 05/2012   Argument: 05/08/2012  1:30pm
ND cite: 2012 ND 151
NW cite: 819 N.W.2d 546

Listen to recording of oral argument in MP3 format

Issues: Petitioner's Statement of the Issues:


Respondent's Statement of the Issues:
I. Whether a Supervisory Writ is the appropriate course of action in this matter and whether the issue is ripe for review.
II. Whether rule 707 requires the State to produce the Nurse for testimony when the Defendant has requested in writing she be made available.

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Docket entries:
103/26/2012 PETITION FOR SUPERVISORY WRIT
203/26/2012 E-FILED PETITION
303/26/2012 Petitioner's Appendix
403/26/2012 E-FILED APPENDIX
503/27/2012 Affidavit of Service by Mail - Petition for Supervisory Writ
603/27/2012 Received $25 e-filing surcharge (Receipt #20941)
704/12/2012 NOTICE OF ORAL ARGUMENT SENT
804/12/2012 MOT. EXT/TIME RESPONDENT BRIEF
904/12/2012 ACTION BY CLERK. Granted: 04/20/2012
1004/20/2012 RESPONDENT BRIEF
1104/20/2012 E-FILED BRIEF
1204/24/2012 Received $25 surcharge for Respondent Brief (Receipt #20995)
1304/20/2012 MOTION FOR Leave to File Amicus Curiae Brief in Support of Respondents
1404/20/2012 E-FILED MOTION
1504/23/2012 ACTION BY SUPREME COURT (Mot/ACB). Granted
1604/23/2012 AMICUS CURIAE BRIEF (North Dakota Association of Criminal Defense Lawyers (NDACDL)
1704/23/2012 E-FILED BRIEF (ACB - NDACDL)
1804/24/2012 Received $25 surcharge for e-filed ACB of NDACDL (Receipt #20994)
1904/24/2012 Rec'd 7 copies of ACB from CSD
2004/25/2012 Received 7 copies of Respondent Brief from CSD
2105/08/2012 APPEARANCES: Aaron W. Roseland/Ashley E. Holmes
2205/08/2012 ARGUED: Roseland/Holmes
2305/08/2012 ORAL ARGUMENT WEBCAST
2407/26/2012 DISPOSITION: PETITION/WRIT DENIED
2507/26/2012 SPLIT OPINION: VandeWalle, Gerald W.
2607/26/2012 (Concurring in part and dissenting in part): Crothers, Daniel John: CON/DIS
2707/26/2012 (Concurring in part and dissenting in part): Sandstrom, Dale V.: JN/CON
2807/26/2012 ACTION BY SUPREME COURT (PTF). Denied

Generated from Supreme Court Docket on 09/19/2014