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Koehly v. Levi

Docket No. 20160141
Oral Argument: Friday, September 2, 2016 9:30am

Docket Info

Title
Jesse Scott Koehly, Appellant
v.
Grant Levi, Director of the North
Dakota Department of Transportation, Appellee
Case Type
CIVIL APPEAL : TRANSPORTATION DEPT.
Appeal From
Case No. 2015-CV-00832
Southwest Judicial District, Stark County
James D. Gion
2016 ND 202886 N.W.2d 689
Oral Argument 9/2/2016

Highlight

A conditional consent to take a breath test for alcohol may be a refusal.
A lawfully arrested DUI suspect who made no attempt to call an attorney cannot complain that officers would have violated his limited right to counsel had he tried.
Issues raised for the first time on appeal will not be addressed.


Briefs

Filing Date Description
05/31/2016 APPELLANT BRIEF View
06/30/2016 APPELLEE BRIEF View
07/14/2016 REPLY BRIEF View

Counsel

Party Type Name
APPELLEE ATT. GENERAL OFFICE Michael Trent Pitcher - 06369
APPELLANT PRIVATE PRACTICE Thomas F. Murtha - 06984

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

Seq. # Filing Date Description Attachment
1 04/18/2016 NOTICE OF APPEAL : 04/18/2016
2 04/25/2016 Rec'd $125 filing fee (receipt #24360)
3 04/26/2016 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
4 04/26/2016 Notice served Thomas F. Murtha, IV and Michael T. Pitcher
5 04/26/2016 Transcript of Administrative Agency Hearing dated August 4, 2015 (e-mailed)
6 05/18/2016 ELEC. RECORD ON APPEAL DATED May 17, 2016(ENTRY NOS.1-42)
7 05/31/2016 APPELLANT BRIEF View
8 05/31/2016 E-FILED BRIEF
9 05/31/2016 APPELLANT APPENDIX
10 05/31/2016 E-FILED APPENDIX
11 06/03/2016 Rec'd 7 copies of ATB and 6 copies of ATA from Central Duplicating
12 06/28/2016 Rec'd the $25 e-filing surcharge for the ATB (receipt #24504)
13 06/30/2016 APPELLEE BRIEF View
14 06/30/2016 DISK (AEB) (e-mailed)
15 07/12/2016 NOTICE OF ORAL ARGUMENT SENT
16 07/14/2016 REPLY BRIEF View
17 07/14/2016 E-FILED BRIEF
18 07/15/2016 Rec'd 7 copies of RYB from Central Duplicating
19 08/12/2016 AMENDED ELEC. RECORD ON APPEAL DATED 8/11/16 (ENTRY NOS.1-45). Rec'd partial physical Record items
20 08/12/2016 for Entry No. 19 (Exhibit Nos. 16 & 17-DVDS) by U.S. mail
21 09/02/2016 APPEARANCES: Thomas Murtha/Michael Pitcher
22 09/02/2016 ARGUED: Murtha/Pitcher
23 09/02/2016 ORAL ARGUMENT WEBCAST
24 11/09/2016 DISPOSITION
25 11/09/2016 UNANIMOUS OPINION : Sandstrom, Dale V. View
26 11/09/2016 COSTS ON APPEAL TAXED IN FAVOR OF APPELLEE
27 11/14/2016 Judgment Sent to Parties
28 12/12/2016 MANDATE
29 12/16/2016 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE