Disciplinary Board v. Hann
2012 ND 160
| N.D. | 2012Background
- State's Attorney Roseland petitions for supervisory writ to overturn district court's pretrial ruling that N.D.R.Ev. 707 requires the State to produce the nurse who drew Bohmbach's blood at trial.
- Bohmbach was charged with driving under the influence and blood was drawn by a nurse.
- The State notified Bohmbach it would introduce the analytical report; Bohmbach subpoenaed the nurse; the State moved to quash on Rule 707 grounds.
- The district court held that the State must produce the nurse at trial.
- The Supreme Court, analyzing Rule 707 with N.D.C.C. § 39-20-07, Bullcoming, and Melendez-Diaz, denies the petition, maintaining the nurse's production is required when the defendant objects.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Rule 707 requires production of the blood-draw witness. | Roseland argues 707 does not compel production of the nurse. | Bohmbach argues the nurse lacks knowledge of the analytical report and need not testify. | Yes; 707, construed with § 39-20-07, requires production. |
| Whether the State has an adequate remedy other than a supervisory writ. | Roseland contends there is no adequate appellate remedy if Bohmbach is convicted. | Bohmbach argues there are other remedies or that issue is not suitable for supervisory relief. | Yes; supervisory writ appropriate due to lack of adequate remedy. |
Key Cases Cited
- Melendez-Diaz v. Massachusetts, 557 U.S. across citation not allowed in this field (Supreme Court) (testimonial certificates require confrontation unless unavailable)
- Bullcoming v. New Mexico, 131 S. Ct. 2705 (2011) (reaffirmed confrontation requirement for analytical reports)
- State v. Schwab, 2008 ND 94, 748 N.W.2d 696 (N.D. 2008) (foundation for admissibility of chemical test results)
- State v. Jordheim, 508 N.W.2d 878 (N.D. 1993) (blood-alcohol certificate admissible with proper foundation)
- Gietzen, 2010 ND 82, 786 N.W.2d 1 (N.D. 2010) (Melendez-Diaz limit on extending confrontation rights)
- State v. Bernsdorf, 2010 ND 123, 784 N.W.2d 126 (N.D. 2010) (review of appealability and remedies)