State, ex rel. Roseland v. Herauf, et al.
Docket Info
- Title
- 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 - Case Type
- CIVIL ORIG. PROCEEDING : WRIT OF SUPERVISION (Civil)
- Appeal From
-
Case No. 2011-CR-00072
Southwest Judicial District, Adams County
William A. Herauf
Highlight
The Supreme Court exercises supervisory jurisdiction only in extraordinary cases to rectify errors and prevent injustice when no adequate alternative remedy exists.
N.D.R.Ev. 707 must be interpreted in light of N.D.C.C. § 39-20-07, which governs the admission of analytical reports into evidence, because the rule and the statute are interconnected regarding analytical reports.
N.D.R.Ev. 707, construed with N.D.C.C. § 39-20-07, requires the State to produce the person who drew the defendant's blood sample at trial to satisfy the constitutional requirements of N.D.C.C. § 39-20-07.
The signed statement contemplated under N.D.C.C. § 39-20-07(10) is a testimonial statement subject to a defendant's right to confrontation.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
Seq. # | Filing Date | Description | Attachment |
---|---|---|---|
1 | 03/26/2012 | PETITION FOR SUPERVISORY WRIT | View |
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 | View |
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) | View |
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 | |
25 | 07/26/2012 | SPLIT OPINION : VandeWalle, Gerald W. | View |
26 | 07/26/2012 | (Concurring in part and dissenting in part) : Crothers, Daniel John | |
27 | 07/26/2012 | (Concurring in part and dissenting in part) : Sandstrom, Dale V. | |
28 | 07/26/2012 | ACTION BY SUPREME COURT (PTF) - Denied | |
29 | 09/21/2021 | EXPUNGED - Nonpermanent record items destroyed |