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STATE EX REL. ROSELAND v. HERAUF

No. 20120170.

819 N.W.2d 546 (2012)

2012 ND 151

STATE of North Dakota, ex rel. Aaron W. ROSELAND in his capacity as Adams County State's Attorney, Petitioner v. The Honorable William A. HERAUF, in his capacity as Judge of the District Court, Southwest Judicial District, and Gwen Bohmbach, Respondents.

Supreme Court of North Dakota.

July 26, 2012.

Attorney(s) appearing for the Case

Aaron W. Roseland , State's Attorney, Hettinger, ND, for petitioner.

Ashley E. Holmes , Dickinson, ND, for respondent Gwen Bohmbach.

Nicholas D. Thornton , Fargo Public Defender Office, Fargo, ND, for amicus curiae North Dakota Association of Criminal Defense Lawyers; submitted on brief.

VANDE WALLE, Chief Justice.

[¶ 1] The State of North Dakota, through Adams County State's Attorney Aaron Roseland, petitioned for a supervisory writ directing the district court to withdraw its pretrial order holding N.D.R.Ev. 707 required the State to produce at trial the person who drew Gwen Bohmbach's blood on the charge of driving under the influence. We conclude this is an appropriate case in which to exercise our supervisory jurisdiction. Because we hold...

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