State v. Sauer
795 N.W.2d 331
| N.D. | 2011Background
- Sauer was stopped for speeding in Grand Forks County on December 13, 2009; officer detected odor of alcohol and slight slur in speech, arrested for DUI.
- Blood was drawn at Altru Hospital and sent to the North Dakota Crime Lab for analysis; Sauer was charged with DUI and violation of a restricted license, both Class B misdemeanors.
- Sauer served a detailed discovery request seeking all testing notes and related materials from testing agencies beyond the State’s file.
- During trial, a forensic scientist testified; Sauer sought a recess to view the test notes not disclosed; the State admitted it did not provide the case file note set but claimed it was not noticed in discovery.
- The court granted a brief recess, then later ordered the State to provide the case file copy; Sauer’s counsel later did not pick up the copy, and the court considered admitting it as a trial exhibit.
- Jury found Sauer guilty on both counts; the district court later denied a continuance and the appeal followed challenging discovery and evidentiary rulings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether discovery violation warranted a continuance or other remedy | Sauer | Sauer | No abuse; no substantial prejudice shown; continuance denied |
| Whether other evidentiary rulings merit reversal | Sauer challenges blood-draw credentials, analytical report, and exhibits | State | Evidentiary rulings within district court discretion; no merit |
Key Cases Cited
- State v. Addai, 2010 ND 29 (ND 2010) (defines Rule 16 disclosure duties and related standards)
- City of Grand Forks v. Ramstad, 2003 ND 41 (ND 2003) (open-file policy does not excuse discovery obligations; prejudice threshold for reversal)