State v. Grzadzieleski
- State of North Dakota, Plaintiff and Appellant
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
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.
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?
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.
(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|
|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|
|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|