State, ex rel. Roseland v. Herauf
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| 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
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| Appeal from: |
District Court,
Southwest Judicial District,
Adams County
Judge William A. Herauf |
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Nature of Action: |
WRIT OF SUPERVISION (Civil)
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| Counsel: |
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| Term: |
05/2012 Argument: 05/08/2012 1:30pm
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| ND cite: |
2012 ND 151
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| NW cite: |
819 N.W.2d 546
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| 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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| 1 | | 03/26/2012 | |
PETITION FOR SUPERVISORY WRIT |
| 2 | | 03/26/2012 | |
E-FILED PETITION |
| 3 | | 03/26/2012 | |
Petitioner's Appendix |
| 4 | | 03/26/2012 | |
E-FILED APPENDIX |
| 5 | | 03/27/2012 | |
Affidavit of Service by Mail - Petition for Supervisory Writ |
| 6 | | 03/27/2012 | |
Received $25 e-filing surcharge (Receipt #20941) |
| 7 | | 04/12/2012 | |
NOTICE OF ORAL ARGUMENT SENT |
| 8 | | 04/12/2012 | |
MOT. EXT/TIME RESPONDENT BRIEF |
| 9 | | 04/12/2012 | |
ACTION BY CLERK. Granted: 04/20/2012 |
| 10 | | 04/20/2012 | |
RESPONDENT BRIEF |
| 11 | | 04/20/2012 | |
E-FILED BRIEF |
| 12 | | 04/24/2012 | |
Received $25 surcharge for Respondent Brief (Receipt #20995) |
| 13 | | 04/20/2012 | |
MOTION FOR Leave to File Amicus Curiae Brief in Support of Respondents |
| 14 | | 04/20/2012 | |
E-FILED MOTION |
| 15 | | 04/23/2012 | |
ACTION BY SUPREME COURT (Mot/ACB). Granted |
| 16 | | 04/23/2012 | |
AMICUS CURIAE BRIEF (North Dakota Association of Criminal Defense Lawyers (NDACDL) |
| 17 | | 04/23/2012 | |
E-FILED BRIEF (ACB - NDACDL) |
| 18 | | 04/24/2012 | |
Received $25 surcharge for e-filed ACB of NDACDL (Receipt #20994) |
| 19 | | 04/24/2012 | |
Rec'd 7 copies of ACB from CSD |
| 20 | | 04/25/2012 | |
Received 7 copies of Respondent Brief from CSD |
| 21 | | 05/08/2012 | |
APPEARANCES: Aaron W. Roseland/Ashley E. Holmes |
| 22 | | 05/08/2012 | |
ARGUED: Roseland/Holmes |
| 23 | | 05/08/2012 | |
ORAL ARGUMENT WEBCAST |
| 24 | | 07/26/2012 | |
DISPOSITION: PETITION/WRIT DENIED |
| 25 | | 07/26/2012 | |
SPLIT OPINION: VandeWalle, Gerald W. |
| 26 | | 07/26/2012 | |
(Concurring in part and dissenting in part): Crothers, Daniel John: CON/DIS |
| 27 | | 07/26/2012 | |
(Concurring in part and dissenting in part): Sandstrom, Dale V.: JN/CON |
| 28 | | 07/26/2012 | |
ACTION BY SUPREME COURT (PTF). Denied |