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.
(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 | |
| 30 | 08/05/2022 | EXPUNGED - Nonpermanent record items destroyed |