State v. Grzadzieleski

Docket No. 20190049
Oral Argument: Thursday, September 19, 2019 1:30 PM

Docket Info

Title
State of North Dakota, Plaintiff and Appellant
v.
Derek James Grzadzieleski, Defendant and Appellee
Case Type
CRIMINAL APPEAL : DUI/DUS
Appeal From
Case No. 2018-CR-00141
Northeast Judicial District, Pembina County
Laurie A. Fontaine

Parties' Statement of Issues

  • Appellant

    Whether or not the district court erred when it suppressed blood alcohol test results which were part of laboratory test results obtained pursuant to a search warrant.

  • Appellee 1

    I. Whether the State’s Appeal is authorized by statute?
    II. Whether the State properly requested a supervisory writ?
    III. Whether the District Court erred when it excluded Mr. Grzadzieleski’s medical records pursuant to Rule 504 of the North Dakota Rules of Evidence?


Summary

The State appeals from a district court order granting Derek Grzadzieleski’s motion to suppress evidence.

Grzadzieleski was involved in an ATV accident and was transported to a hospital which would not allow law enforcement officers to speak to him because of his condition. Officers obtained a search warrant for his medical records and the hospital turned them over. The records revealed he had a blood alcohol level above the legal limit at the time of the accident and he was charged with driving under the influence. The district court granted his motion to suppress the hospital records because they were inadmissible based on the physician-patient privilege.

On appeal, the State argues the district court erred in suppressing the blood alcohol test results. Grzadzieleski argues the court’s order in not appealable. The State argues the order is appealable, and if it is not, the Supreme Court should exercise its supervisory jurisdiction and rule on the issue.


Briefs

Filing Date Description
05/10/2019 APPELLANT BRIEF View
07/01/2019 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLANT STATE'S ATTORNEY Rebecca Louise Flanders - 07478
APPELLANT SPEC. ASST. STATE'S ATTY. Stephenie L. Davis - 06866
APPELLEE PRIVATE PRACTICE Alexander F Reichert - 05446
APPELLEE PRIVATE PRACTICE Challis Dern Williams - 08125

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

Seq. # Filing Date Description Attachment
1 02/12/2019 NOTICE OF APPEAL : 02/12/2019
2 02/12/2019 Statement of Prosecuting Attorney
3 02/12/2019 ORDER FOR TRANSCRIPT : 02/12/2019
4 02/13/2019 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
5 02/13/2019 Notice served on Rebecca L. Flanders and Alexander F. Reichert
6 03/01/2019 ELECTRONIC TRANSCRIPT DATED JANUARY 16, 2019
7 03/01/2019 C.O.S. FOR TRANSCRIPT
8 03/12/2019 ELEC. RECORD ON APPEAL DATED MARCH 11, 2019 (ENTRY NOS. #1 THROUGH #38)
9 04/09/2019 MOT. EXT/TIME APPELLANT BRIEF
10 04/09/2019 ACTION BY CLERK - Granted : 05/10/2019
11 05/10/2019 APPELLANT BRIEF View
12 05/10/2019 APPELLANT APPENDIX
13 05/15/2019 MOTION TO DISMISS APPEAL - RspDue : 05/28/2019
14 05/15/2019 Briefing schedule stayed pending response and review
15 05/16/2019 Rec'd 6 copies of ATB and ATA from Central Duplicating
16 05/17/2019 Rec'd $25 surcharge for ATB (receipt #27070)
17 05/28/2019 Response Filed to Motion to Dismiss
18 06/05/2019 MOT. EXT/TIME APPELLEE BRIEF (restart breifing schedule)
19 06/05/2019 ACTION BY CLERK - Granted : 07/01/2019
20 06/05/2019 Motion To Dismiss To Be Considered With the Merits
21 07/01/2019 APPELLEE BRIEF View
22 07/09/2019 Rec'd 6 copies of AEB from CSD
23 07/11/2019 Rec'd $25 e-filing surcharge for AEB (receipt #27147)
24 08/02/2019 NOTICE OF ORAL ARGUMENT SENT
25 08/02/2019 NOTICE OF RESCHEDULED ORAL ARGUMENT TIME SENT
26 09/13/2019 APPT-SPEC. ASSIST. SA, CERT. OF APPT. & QUALF. & OATH OF OFFICE for-Stephenie L. Davis for 9/19/19
27 09/19/2019 APPEARANCES: Stephenie L. Davis; Alexander F. Reichert; Challis D. Williams
28 09/19/2019 ARGUED: Stephenie L. Davis; Alexander F. Reichert
29 09/19/2019 ORAL ARGUMENT WEBCAST