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Ell v. Director, Dep't of Transportation

Docket No. 20160068
Oral Argument: Tuesday, June 21, 2016 9:30am

Docket Info

Title
Tyler Dale Ell, Petitioner and Appellant
v.
Director, Department of Transportation, Respondent and Appellee
Case Type
CIVIL APPEAL : TRANSPORTATION DEPT.
Appeal From
Case No. 2015-CV-00173
South Central Judicial District, McLean County
John W. Grinsteiner
2016 ND 164883 N.W.2d 464
Oral Argument 6/21/2016

Highlight

A police officer's knowledge may be imputed to another officer to establish reasonable suspicion or probable cause, and an officer may testify about imputed knowledge.
The evidentiary shortcut for admission of chemical test results provided by statute cannot be used, and expert testimony is required to show fair administration of the test if documentary evidence does not show the approved collection method was scrupulously followed.


Briefs

Filing Date Description
03/30/2016 APPELLANT BRIEF View
04/29/2016 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLEE ATT. GENERAL OFFICE Michael Trent Pitcher - 06369
APPELLANT PRIVATE PRACTICE Thomas M Tuntland - 03250

(Note: Attachments may not be available for recently filed cases and/or confidential documents.)

Seq. # Filing Date Description Attachment
1 02/19/2016 NOTICE OF APPEAL : 02/19/2016
2 02/19/2016 Received Filing Fee
3 02/19/2016 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
4 02/19/2016 Notice served on Tom M. Tuntland & Michael T. Pitcher
5 02/22/2016 DISK- Administrative Transcript dated October 1, 2015
6 02/25/2016 Preliminary Issues
7 02/29/2016 NOT. OF FILING SUPP. TO NOT. OF APPEAL AND PROOF OF SERV. (Preliminary Issues)
8 02/29/2016 Notice served on Tom M. Tuntland & Michael T. Pitcher
9 03/15/2016 ELEC. RECORD ON APPEAL DATED MARCH 15, 2016 (ENTRY NOS.1-24 & 26-37)
10 03/30/2016 APPELLANT BRIEF View
11 03/30/2016 DISK (ATB)(e-mailed)
12 04/08/2016 Rec'd non-substantive corrections to ATB (toc ref pg #s)
13 04/08/2016 APPELLANT APPENDIX
14 04/18/2016 Received non-substantive corrections to ATA (agency docket sheet, agency decision/order)
15 04/29/2016 APPELLEE BRIEF View
16 04/29/2016 DISK (AEB)(e-mailed)
17 05/23/2016 NOTICE OF ORAL ARGUMENT SENT
18 06/21/2016 APPEARANCES: Thomas Tuntland/Michael Pitcher
19 06/21/2016 ARGUED: Tuntland/Pitcher
20 06/21/2016 ORAL ARGUMENT WEBCAST
21 08/17/2016 DISPOSITION
22 08/17/2016 UNANIMOUS OPINION : Kapsner, Carol Ronning View
23 08/17/2016 COSTS ON APPEAL TAXED IN FAVOR OF APPELLANT
24 08/17/2016 Judgment Sent to Parties
25 09/08/2016 MANDATE