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STATE EX REL. MADDEN v. RUSTAD

No. 20120305.

823 N.W.2d 767 (2012)

2012 ND 242

STATE of North Dakota, ex rel. Nathan Kirke MADDEN, Assistant State's Attorney, Williams County, Petitioner v. The Honorable Joshua B. RUSTAD, Judge of the District Court, Northwest Judicial District, and James Duane Christianson, Respondents.

Supreme Court of North Dakota.

November 27, 2012.

Attorney(s) appearing for the Case

Nathan K. Madden , Assistant State's Attorney, Williston, N.D., for petitioner.

Michael R. Hoffman , Bismarck, N.D., for respondents.

Paul H. Myerchin , Bismarck, N.D., for amicus curiae North Dakota Association of Criminal Defense Lawyers.

MARING, Justice.

[¶ 1] The State of North Dakota, through Williams County Assistant State's Attorney Nathan Kirke Madden, petitions this Court for a supervisory writ directing the district court to vacate a pretrial order requiring the State to produce the Director of the State Crime Laboratory at trial in the prosecution of James Christianson for driving while under the influence of alcohol. The State argues the district court misinterpreted N.D.R.Ev. 707 to...

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